HomeMy WebLinkAbout10-15-2013 c3 info and outreach service rfp
FROM: Carrie Mattingly, Utilities Director
Prepared By: Ron Munds, Conservation Manager
SUBJECT: COMMUNITY INFORMATION AND OUTREACH SERVICES FOR THE
UTILITIES DEPARTMENT AND STORMWATER POLLUTION PREVENTION
PROGRAMS – REQUEST FOR PROPOSALS
RECOMMENDATION
1. Authorize the issuance of the request for proposals (RFP) for Community Information and
Outreach Services and;
2. Authorize the City Manager to award a three-year contract for community information and
outreach services for the water conservation and stormwater pollution prevention programs,
with the option of a one-year extension, if the selected proposal is within the approved
budget.
DISCUSSION
Background
Staff is requesting approval to seek professional assistance with the Utilities Department
information and outreach program and stormwater pollution prevention programs. With the
assistance of a professional marketing and advertising firm, the City will continue its community
information program. Under the consultant’s guidance, the program reaches a diverse audience and
encourages evaluation and feedback on the City’s projects and programs.
The City’s community outreach programs for the Utilities Department (and more recently
stormwater pollution prevention) have been ongoing for over twenty years. The Utilities
Department has utilized professional services for the public information and outreach program since
1989. Council last authorized an RFP for community information and outreach services in
November 2009. Through that process, the firm of Verdin was awarded a two-year contract with
two option years. The contract ends in November 2013.
The term of the proposed contract is for three years with the option to extend for one additional
year. Based on twenty years of staff experience, a multi-year contract offers the level of continuity
necessary to implement effective public information and outreach program within the community.
Optional contract extension would be granted based upon appropriate performance and subject to
City Manager approval. Additionally, the option to extend the contract would be contingent upon
program funding being allocated through the 2015-2017 Financial Plan.
The total approved 2013-2015 budget for these services (Utilities Department and stormwater) is
$46,000 annually.
Meeting Date
Item Number Oct. 15, 2013
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Community Information & Outreach Services Page 2
Project Components and Work Scope
The RFP for professional outreach services stresses the requirement to use creativity, innovation,
and current technology to share objective and factual information with the community. There are
three broad work components to be addressed by the selected firm:
1. Build community involvement and knowledge of the Utilities Department’s programs and
services by identifying appropriate ways to reach specific target audiences. The outreach
program will include both paid and free information conduits, with a preference for those
which cost least and reach the greatest number of people. Included within this category will
be such activities as the quarterly Resource newsletter editing and printing, presentations,
use of media, development of written materials, use of social media, and updating the
department’s web presence.
2. Develop outreach strategies that include a year-round comprehensive approach which
promotes the stormwater pollution prevention program and is consistent with the City Phase
II stormwater permit.
3. Establish ongoing evaluation and reporting on the program’s outreach activities including
an assessment of the effectiveness of the overall information and outreach program.
Evaluation and Selection Process
The deadline for submitting the proposals is set for November 6, 2013. Based on the evaluation
criteria set forth in the RFP, proposals will be reviewed and, if necessary, finalists will be invited
for a follow-up presentation/interview before a review committee. Reference checks will be
conducted.
Based on the results of the selection process, a recommendation will be made to the City Manager
to award the contract. Contract award is anticipated by the end of November 2013.
Prospective Proposers
In addition to publishing a formal notice requesting proposals, the RFP will be mailed to a limited
number of firms specializing in this type of service. A list of prospective firms is part of the RFP.
CONCURRENCES
The Public Works Department provides the oversight of the Stormwater Pollution Prevention
budget and concurs with the recommendation made in this report.
FISCAL IMPACT
These services were approved as part of the 2013-2015 Financial Plan. A total of $46,000 annually
is budgeted. The funding is apportioned to Stormwater Pollution Prevention contract services in the
amount of $6,000, Water Administration contract services in the amount of $20,000, and
Wastewater Administration contract services in the amount of $20,000 each fiscal year.
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Community Information & Outreach Services Page 3
ALTERNATIVES
1. Extend the current agreement with Verdin. This is not recommended as it is a good fiscal
and management practice to seek proposals at regular intervals to ensure the City is
receiving competitive services at a reasonable cost.
2. Give direction to staff to amend the request for proposals and approve the RFP based on
those changes.
ATTACHMENT
1. Attachment 1 Community Information & Outreach Services RFP.docm
..\RFP for Information & Outreach Services (Mattingly-Munds)
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Attachment 1
The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
City of
San Luis Obispo
990 Palm Street San Luis Obispo, CA 93401
Notice Requesting Proposals for the
City of San Luis Obispo
Utilities Department
COMMUNITY INFORMATION AND OUTREACH SERVICES
Specification No. 91271
October 16, 2013
The City of San Luis Obispo’s Utilities Department is requesting sealed proposals for
COMMUNITY INFORMATION AND OUTREACH SERVICES pursuant to Specification No.
91271. All proposals must be received by the Utilities Department by 2:00 p.m. on November 6,
2013 when they will be opened publicly in the City Hall Council Hearing Room, 990 Palm
Street, San Luis Obispo, CA 93401.
Proposals received after said time will not be considered. To guard against premature opening,
each proposal shall be submitted in a sealed envelope plainly marked with the proposal title,
specification number, Consultant name, and time and date of the proposal opening. Proposals
shall be submitted using the forms provided in the specification package.
To obtain a Specification Package:
Download from the City’s Web site www.slocity.org - Bids & Proposals page
Pick up a copy of the RFP at the above address
Mail a request to the City of San Luis Obispo Utilities Department at the above address
Requests must include the RFP title and specification number.
Questions may be submitted to Ron Munds, Conservation Manager, via e-mail at
rmunds@slocity.org. All questions will be answered and distributed to all interested parties.
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Attachment 1
Specification No. 91271
TABLE OF CONTENTS
A. Description of Work ................................................................1
A1. Background
A2. Scope of Work
A3. Project Schedule / Cost
B. General Terms & Conditions ..................................................5
B1. Proposal Requirements
B2. Contract Award and Execution
C. Proposal Content & Selection Process ...................................7
C1. Proposal Content
Submittal Forms
Qualifications
Work Program
Compensation
Proposal Length and Copies
C2. Proposal Evaluation & Selection
Proposal Review Criteria
Proposal Review and Award Schedule
D. Agreement .................................................................................9
E. Insurance Requirements .......................................................16
F. Proposal Submittal Forms ....................................................18
Proposal Submittal Form
References
Statement of Past Contract Disqualifications
Proposers List
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Specification No. 91271
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Section A
DESCRIPTION OF WORK
BACKGROUND
The City of San Luis Obispo is requesting proposals from consultants who can provide
professional service, guidance, and oversight of the Utilities Department Community
Information and Outreach program and the City’s Stormwater Pollution Prevention Program.
The goal is to develop an ongoing program that offers information in meaningful forms to all
segments of the community, and invites feedback on both its programs and its information
strategies. While the Utilities Department has an expectation to be innovative and
technologically current, it is seeking real value--maximum benefit from the least costly approach.
SCOPE OF WORK
Three broad work components have been identified. The Utilities Department is seeking
professional services in developing the most appropriate specific tasks under these broad goals.
1. Build community involvement and knowledge of the Department’s programs and
services by identifying appropriate ways to reach specific target audiences. The outreach
program should include both paid and free information conduits, with a preference for
those which cost least and reach the greatest number of people. Included within this
category would be such activities as the quarterly Resource newsletter editing and
printing, presentations, use of media, development of written materials, use of social
media, and updating the department’s web presence. Proposals should address the
methods and techniques to be used to reach the various audiences.
2. Develop outreach strategies that include a year-round comprehensive approach which
promotes the Stormwater Pollution Prevention Program and is consistent with the City
Phase II stormwater permit.
3. Establish ongoing evaluation and reporting on the Stormwater Pollution Prevention
Program’s outreach activities including an assessment of the effectiveness of the overall
information and outreach program.
In addition to developing material to support the goals described above, the consultant team
should plan to meet with Utilities Department staff for approximately two hours every month for
the term of the contract to discuss project strategies and to share specific feedback. Written
monthly reports shall be forwarded to Utilities Department staff prior to these meetings and will
summarize the previous month's activities and project anticipated future activities.
PROJECT SCHEDULE & COST
The term of the contract is for three years (November 20013 through November 2016) with a
budget of, including paid advertising, up to $40,000 for the Utilities Department and up to
$6,000 for the stormwater components per year. There is an option to extend the contract one
additional one year period contingent upon budget availability, meeting performance
expectations, and upon approval of the City Manager.
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The following is a list of significant project milestones:
1. Project Kickoff
2. Establish information and outreach priorities and potential tasks
3. Finalize first year’s work plan
4. Provide mid-year analysis of the projects effectiveness
5. Provide annual report recapping the previous year’s activities
6. Repeat this process for each year of the contract
Also provide a corresponding cost breakdown with estimated hours to perform each task
described in the scope of work and an hourly rate work sheet to be used for additional services.
Costs shall be consistent with provided in Section F. Costs should include any required travel
and expenses.
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Section B
GENERAL TERMS & CONDITIONS
B1. 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 Proposals (RFP)
specifications package. By virtue of its proposal submittal, the Consultant acknowledges
agreement with and acceptance of all provisions of these 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
Utilities Department, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA,
93401. In order to guard against premature opening, the proposal should be clearly labeled
with the proposal title, specification number, name of proposer, and date and time of
proposal opening. No FAX submittals will be accepted.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the proposer’s insurance
coverage during proposal evaluation; as discussed under paragraph 13 below, endorsements
are not required until contract award. The City’s Insurance Requirements are detailed in
Section E of this RFP package.
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 governmental agency proposing or contract disqualifications on the form provided
in Section F of this 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
proposer unopened. No proposal received after the time specified or at any place other than
that stated in the "Notice Inviting Proposals/Requesting Proposals" will be considered. All
proposals will be opened and declared publicly. Consultants or their representatives are
invited to be present at the opening of the proposals.
7. Submittal of One Proposal Only. No individual or business entity of any kind shall be
allowed to make or file, or to be interested in more than one proposal, except an alternative
proposal when specifically requested; however, an individual or business entity that has
submitted a sub-proposal to a Consultant submitting a proposal, or who has quoted prices on
materials to such proposer, is not thereby disqualified from submitting a sub-proposal or
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from quoting prices to other Consultant’s submitting proposals.
8. Communications. All timely requests for information submitted in writing (via e-mail to
rmunds@slocity.org) will receive a written response from the City. Telephone
communications with City staff are not encouraged. However, any such oral communication
shall not be binding on the City.
9. Alternative Proposals. The proposer may submit an alternative proposal 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.
B2. CONTRACT AWARD & 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 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 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 E of these specifications within 10 (ten) calendar
days after notice of contract award as a precondition to contract execution.
14. Business License and Tax. The Consultant must have a valid City of San Luis Obispo
business license and tax certificate before contract execution. Additional information
regarding this requirement 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 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 & SELECTION PROCESS
C1. Proposal Content
Submittal Forms
a. Proposal submittal summary.
b. Certificate of Insurance.
c. References from at least three Agencies for whom you have provided similar
information and outreach services.
d. Statement of Past Disqualifications.
Qualifications
e. Experience of your firm in performing similar services, including experience with
providing information and outreach services to a governmental agency.
f. Experience of the staff to be assigned to the project in performing similar services.
g. Redundancy in the company of staff experienced in this type of work.
h. Resumes of the individuals who would be assigned to this project, including any
sub-consultants.
i. Standard hourly billing rates for the assigned staff, including any sub-consultants.
j. Statement and explanation of any instances where your firm has been removed from a
project or disqualified from proposing on a project.
Work Program
k. Description of your approach to working with City staff to achieve their goal of
completing the work.
l. Tentative schedule by phase and task for completing the work.
m. Estimated hours for your staff in performing each phase of the work, including any
sub-consultants.
n. Services or data to be provided by the City.
o. Any other information that would assist us in making this contract award decision.
Compensation
p. Proposed compensation and payment schedule tied to accomplishing key tasks.
Proposal Length and Copies
q. Proposals should be double sided and not exceed 25 pages, including attachments and
supplemental materials.
r. Four copies of the proposal and one electronic copy on a compact disk must be
submitted.
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C2. Proposal Evaluation & Selection
Proposals will be evaluated by a review committee based on the following criteria:
a. Understanding of the work required by the City.
b. Proposed approach in completing the work.
c. Quality, clarity and responsiveness of the proposal.
d. Recent experience in successfully performing similar services.
e. Background and related experience of the specific individuals to be assigned
to this project.
f. Demonstrated competence and professional qualifications necessary for
successfully performing the work required by the City.
g. References.
h. Proposed compensation.
As reflected above, contract award will be based on a combination of factors as determined to be
in the best interest of the City and will not be based solely on price. After evaluating the
proposals and discussing them further with the finalists or the tentatively selected contractor, the
City reserves the right to further negotiate the proposed work scope and/or method and amount
of compensation.
The following is the anticipated schedule for proposal review and contract award:
a. Issue Request for Proposals October 16, 2013
b. Receive proposals 2pm, Wednesday, November 6, 2013
c. Complete proposal evaluation Wednesday, November 13, 2013
d. Conduct finalist interviews (if necessary) Monday, November 18, 2013
e. Finalize staff recommendation Tuesday, November 19, 2013
f. Award and execute contract Wednesday November 20, 2013
g. Start work Week of December 2, 2013
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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
____________,2013 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 October 16, 2013, City requested proposals for Community Outreach and
Information Services per Specification No. 91271.
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. Term. The term of this Agreement shall be from the date this Agreement is made and entered, as first
written above, until acceptance or completion of said services.
2. Start and Completion of Work. Work on this project shall begin within five calendar days after
contract execution. Individual projects shall be completed in accordance with approved project
schedules.
3. Work Delays. Should the Consultant be obstructed or delayed in the work required to be done
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire,
earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to
federal government restrictions arising out of defense or war programs, then the time of completion
may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the
Consultant. In the event that there is insufficient time to grant such extensions prior to the completion
date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages
that may have accrued for failure to complete on time, due to any of the above, after hearing evidence
as to the reasons for such delay, and making a finding as to the causes of same.
4. Termination. If, during the term of the contract, the City determines that the Consultant is not
faithfully abiding by any term or condition contained herein, or the Consultant’s work is determined
to be deficient, the City may notify the Consultant in writing of such defect or failure to perform. This
notice will give the Consultant a 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.
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In said event, the Consultant shall be entitled to the reasonable value of its services performed from
the beginning date in which the breach occurs up to the day it received the City's Notice of
Termination, minus any offset from such payment representing the City's damages from such breach.
"Reasonable value" includes fees or charges for goods or services as of the last milestone or task
satisfactorily delivered or completed by the Consultant as may be set forth in the Agreement payment
schedule; compensation for any other work, services or goods performed or provided by the
Consultant shall be based solely on the City's assessment of the value of the work-in-progress in
completing the overall work scope.
The City reserves the right to delay any such payment until completion or confirmed abandonment of
the project, as may be determined in the City's sole discretion, so as to permit a full and complete
accounting of costs. In no event, however, shall the Consultant be entitled to receive in excess of the
compensation quoted in its proposal.
If, at any time during the term of the contract, the City determines that the proposed work is not
feasible due to funding shortages or unforeseen circumstances, the City reserves the right to terminate
the contract. Consultant will be paid compensation due and payable to the date of termination.
5. 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.
6. 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.
7. 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.
8. 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.
9. Record Retention and Audit. For the purpose of determining compliance with various laws and
regulations as well as performance of the contract, the Consultant and sub-consultants shall maintain
all books, documents, papers, accounting records and other evidence pertaining to the performance of
the contract, including but not limited to the cost of administering the contract. Materials shall be
made available at their respective offices at all reasonable times during the contract period and for
three years from the date of final payment under the contract. Authorized representatives of the City
shall have the option of inspecting and/or auditing all records. For Federally funded projects, access
to records shall also include authorized representatives of the State and Federal government. Copies
shall be furnished if requested.
10. 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
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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 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.
11. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that this contract
was not obtained or secured through rebates, kickbacks or other unlawful consideration, either
promised or paid to any City employee. For breach or violation of the warranty, the City shall have
the right in its discretion; to terminate the contract without liability; to pay only for the value of the
work actually performed; to deduct from the contract price; or otherwise recover the full amount of
such rebate, kickback or other unlawful consideration.
12. Covenant Against Contingent Fees. The Consultant warrants by execution of this contract that no
person or selling agency has been employed, or retained, to solicit or secure this contract upon an
agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting
bona fide employees or bona fide established commercial or selling agencies maintained by the
Consultant for the purpose of securing business. For breach or violation of this warranty, the City has
the right to annul this contract without liability; pay only for the value of the work actually
performed, or in its discretion, to deduct from the contract price or consideration, or otherwise
recover the full amount of such commission, percentage, brokerage, or contingent fee.
13. Compliance with Laws and Wage Rates. The Consultant shall keep itself fully informed of and
shall observe and comply with all applicable state and federal laws and county and City of San Luis
Obispo ordinances, regulations and adopted codes during its performance of the work. This includes
compliance with prevailing wage rates and their payment in accordance with California Labor Code.
For purposed of this paragraph, “construction” includes work performed during the design and
preconstruction phases of construction, including but not limited to, inspection and land surveying
work.
14. Payment of Taxes. The contract prices shall include full compensation for all taxes that the
Consultant is required to pay.
15. Permits and Licenses. The Consultant shall procure all permits and licenses, pay all charges and
fees, and give all notices necessary.
16. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety
established by OSHA and the California Division of Industrial Safety.
17. 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.
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18. 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.
19. 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.
20. 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.
21. 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. 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 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.
22. Indemnification for Professional Liability. To the fullest extent permitted by law, Consultant shall
indemnify, protect, defend and hold harmless City and any and all of its officials, employees and
agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and
expenses, including attorney’s fees and costs which arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant.
23. Standards. Documents shall conform to City Standards and City furnished templates shall be used.
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24. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and signed
by the Consultant where required.
25. Required Deliverable Products and Revisions. The Consultant will be required to provide draft and
final documents addressing all elements of the work scope. 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 appropriate.
Electronic files shall be submitted on CD and all files must be compatible with the Microsoft
operating system. Each CD 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 CD.
26. Ownership of Materials. Upon completion of all work under this contract, ownership and title to all
reports, documents, plans, specifications, and estimates produced as part of this contract will
automatically be vested in the city and no further agreement will be necessary to transfer ownership
to the City. The Consultant shall furnish the City all necessary copies of data needed to complete the
review and approval process.
It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or
machine readable form, are intended for one-time use in the construction of the project for which this
contract has been entered into.
The Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the
modification, or misuse by the City of the machine-readable information and data provided by the
Consultant under this agreement. Further, the Consultant is not liable for claims, liabilities, or losses
arising out of, or connected with any use by City of the project documentation on other projects,
except such use as may be authorized in writing by the Consultant.
27. Release of Reports and Information. Any reports, information, data, or other material given to,
prepared by or assembled by the Consultant as part of the work or services under these specifications
shall be the property of City and shall not be made available to any individual or organization by the
Consultant without the prior written approval of the City.
The Consultant shall not issue any news release or public relations item of any nature, whatsoever,
regarding work performed or to be performed under this contract without prior review of the contents
thereof by the City and receipt of the City’s written permission.
28. Copies of Reports and Information. If the City requests additional copies of reports, drawings,
specifications, or any other material in addition to what the Consultant is required to furnish in limited
quantities as part of the work or services under these specifications, the Consultant shall provide such
additional copies as are requested, and City shall compensate the Consultant for the costs of
duplicating of such copies at the Consultant's direct expense.
29. Attendance at Meetings and Hearings. Consultant shall attend as many "working" meetings with
staff as necessary to accomplish the workscope tasks. Consultant shall attend workshops with the
public, and City commission, committee or Council meetings as identified in the individual project
scoping.
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Specification No. 91271
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30. Permit and Filing Fees. The Consultant shall procure all permits, and licenses, pay all charges and
fees and file all notices necessary as they pertain to the completion of the Consultant’s work. The City
will pay all application fees for permits required for the completion of the project work. The City
requires a 10 day notice to issue a check.
31. Consultant Invoices. The Consultant shall deliver a monthly invoice to the City, itemized by project
title. Invoice must include a breakdown of hours billed and miscellaneous charges and any sub-
consultant invoices, similarly broken down, as supporting detail.
32. 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 services contain errors or deficiencies, the Consultant shall be required to
correct them at no increase in cost to the City.
Progress payments shall be made on a monthly basis as invoiced by the Consultant for expenses
incurred with cumulative monthly payments, on an individual project basis, not to exceed:
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.
33. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and
acceptance by the City of the materials, supplies, equipment or services provided by the Consultant
(Net 30). The Consultant shall pay all sub-consultants within 10 calendar days from receipt of each
payment made to the Consultant by the City.
34. Resolution of Disputes. Any dispute, other than audit, concerning a question of fact arising under
this contract that is not disposed of by agreement shall be decided by a committee consisting of the
City’s Project Manager and the City Director of Public Works, who may consider written or verbal
information submitted by the Consultant. Not later than thirty days after completion of all
deliverables necessary to complete the plans, specifications and estimate, the Consultant may request
review by the City Council of unresolved 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.
35. Agreement Parties.
City: Carrie Mattingly
City of San Luis Obispo
879 Morro Street
San Luis Obispo, CA 93401
Consultant:
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Specification No. 91271
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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.
36. Incorporation by Reference. City Request for Proposal Specification No. 91271 and Consultant's
proposal dated __________, 2013, are hereby incorporated in and made a part of this Agreement.
37. 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 Engineer. 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.
38. Complete Agreement. This written agreement, including all writings specifically incorporated herein
by reference, shall constitute the complete agreement between the parties hereto. No oral agreement,
understanding or representation not reduced to writing and specifically incorporated herein shall be of
any force or effect, nor shall any such oral agreement, understanding or representation be binding
upon the parties hereto. For and in consideration of the payments and agreements hereinbefore
mentioned to be made and performed by City, Consultant agrees with City to do everything required
by this Agreement, the said specification and incorporated documents. Failure by the Consultant to
carry out the requirements of this Agreement is a material breach of this agreement which may result
in the termination of this Agreement or such other remedy as the City deems appropriate.
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:
Katie Lichtig, City Manager , City Clerk
APPROVED AS TO FORM: CONSULTANT:
Christine Dietrick, City Attorney By:
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Specification No. 91271
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Section E
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 with 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, official, 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.
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.
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Specification No. 91271
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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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City of San Luis Obispo
Specification No. 91271
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Section F
PROPOSAL SUBMITTAL FORMS
F1. ACKNOWLEDGEMENT
The undersigned declares that she or he has carefully examined Specification No. 91271, which
is hereby made a part of this proposal; is thoroughly familiar with its contents; is authorized to
represent the proposing firm; and agrees to perform the specified work for the following cost
quoted in full:
DESCRIPTION 2013-14 2014-15 2015-16
Community Information & Outreach
Services, Specification No. 91271
$ $ $
$ $ $
$ $ $
TOTAL $ $ $
Firm Name and Address
Contact Phone
Signature of Authorized Representative
Date
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Specification No. 91271
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F2. INSURANCE CERTIFICATE
Certificate of insurance attached
__________________ Insurance Company’s A.M. Best Rating
F3. REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under
the present business name: .
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the
services included with the scope of the specifications. Attach additional pages if required. The City
reserves the right to contact each of the references listed for additional information regarding your firm's
qualifications.
Reference No. 1
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
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 project outcome
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City of San Luis Obispo
Specification No. 91271
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Reference No. 3
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
F4. STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The proposer 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 proposal 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 Proposer Representative
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Specification No. 91271
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PROPOSERS LIST
20/20 Design Group 954 Toro Street San Luis Obispo CA 93401
ArtMinds 560 Higuera St., Suite A San Luis Obispo CA 93401
Barnett Cox & Associates 711 Tank Farm Rd. #210 San Luis Obispo CA 93401
Fertil Minds, Inc. 1318 Chorro Street San Luis Obispo CA 93401
Highway 101 Communications 846 Higuera Street San Luis Obispo CA 93401
Rosetta Marketing 4800 Morabito Place San Luis Obispo CA 93401
PMC 860 Walnut Street, Ste B San Luis Obispo CA 93401
S. Lombardi & Associates 520 Higuera St. San Luis Obispo CA 93401
TJA Advertising 500 Cypress Street, S11 Pismo Beach CA 93449
Verdin Design 1920 Broad Street San Luis Obispo CA 93401
Web Feet Integrated Marketing 3978 Short Street San Luis Obispo CA 93401
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