HomeMy WebLinkAbout10-16-2012 c2 rfp for style guideMeeting Date
10/16/1 2
.item Number C 2
counci lagenba nepout
C I T Y O F S A N L U I S O B I S P O
FROM :
Michael Codron, Assistant City Manage r
Prepared By :Brigitte Elke, Principal Administrative Analys t
SUBJECT :REQUEST FOR PROPOSALS FOR A STYLE GUIDE AND IDENTIFICATIO N
STANDARDS MANUAL
RECOMMENDATIO N
1.As recommended by the Promotional Coordinating Committee (PCC), authorize staff t o
release a request for proposal for the commissioning of a City Style Guide .
2.Authorize the City Manager to execute an agreement with the selected consultant withi n
allocated budget .
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DISCUSSION
Backgroun d
On October 18, 2011, the City Council approved the City's Directional Wayfinding Program tha t
• included the use of an updated City emblem . One component of the project was an image audit o f
City branding materials conducted by Pierre Rademaker Design . The consultant noted that th e
City's branding materials are inconsistent and recommended that the City take steps to maintai n
brand integrity with the introduction of the updated City emblem and a comprehensive style guide .
The new emblem denotes the Mission and the lettering depicts a Spanish-style font (Attachment 1).
The emblem graphic was created in a single color, full color, and in bronze to be used on all new
directional signs throughout the City . The City Council subsequently directed staff to look into
utilizing this new emblem in all City applications and identification materials in order to create a
more cohesive brand for the City .
PCC Involvement and Recommendatio n
The PCC was instrumental in the Directional Wayfinding project and the guiding force behind it .A
directional wayfinding program had been one of the goals of this advisory body for many years . Th e
committee had therefore recommended to the Council to fund the project through Communit y
Promotions . Given this affiliation and the PCC's repeated desire for consistency in the City's
identification standard, the style guide seemed an appropriate project for the committee .
At its meeting on August 8, 2012, the PCC therefore received a presentation from staff on the sig n
audit, City emblem, and the need for a style guide to implement a comprehensive and coheren t
branding approach . The PCC members immediately embraced the concept and recommend using u p
to $40,000 in Community Promotions funding for this project (Attachment 2 – PCC Minutes).
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RFP for Style Guide and Identification Standards Manual
Page 2
•Staff was asked to develop the RFP documents which were presented to the Committee at it s
September 12, 2012 meeting . The committee motioned unanimously to recommend the outline d
project scope as presented and to release the RFP (Attachment 2 – PCC draft minutes).
Recommended Scope of Wor k
The objective of this project is to provide consistency in City identification materials . The
development of a comprehensive style guide will provide direction in the use of the City logo an d
wordmark organization-wide for all new materials, as well as replacement of current logo bearin g
items . The goal is to create a cohesive City brand utilizing the new emblem .
The commissioned style guide will address all visual materials that carry the City's identification .
The consultant will be asked to include relevant research and the preparation of document layout s
for review, the preparation of a complete palette of graphic files in applicable formats for electroni c
and print use . The print use should consider various materials it might be applied to . The proposal
will also consider the coordination with suppliers and contractors and therefore provide parameter s
for the use of the graphic identity in a variety of applications . As the City will soon be working on a
new website, the proposal will include collaboration with the selected website design firm to assur e
proper inclusion of the new City identity .
Contents of Style Guide
The Style Guide will include, at a minimum, the following sections :
1 . An Introduction Detailing the Purpose of the Style Guide and the importance of a cohesiv e
City identity .
2 . How to Use and Apply the Manua l
3 . Graphic and Visual Element s
a.The City Emblem & Wordmar k
b.Approved graphic element s
c.Typefaces and Font s
d.Official colors
e.Downloadable Graphic Files & direction for us e
4 . Print Items includin g
a.City letterhead, envelopes and notecard s
b.Council Letterhead, envelopes and notecard s
c.Address label s
d.-Business Card s
e.City templates : Reports, memos, PowerPoint presentations, fax sheets, etc .
f.Name tag s
g.Parking Passe s
h.Brochure s
5 . Publication Planning including photography guidelines
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RFP for Style Guide and Identification Standards Manual Page 3
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6 . Other applications may includ e
a.Street signs
b.Facility signag e
c.Uniform s
d.Vehicle s
7 . Electronic Medi a
a.Web design guidelines, templates, and color s
b.Social networking site s
c.Email signature s
8 . Examples of What Not To D o
CONCURRENCE S
At its September 12, 2012 meeting, the Promotional Coordinating Committee voted unanimously t o
recommend the commissioning of a Citywide Style Guide .
FISCAL IMPAC T
The General Fund portion of the Community Promotions program has a 2012-13 budget o f
$386,500 . The program also has a 2011-12 carryover of $42,000 bringing the budget for this fisca l
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year to $428,500 . To date, the Committee has recommended programs that total $332,385 . Th e
Committee recommends using up to $40,000 from the carryover funding for this project .
ALTERNATIVE S
Council can decide not to move forward with the project at this time . This is not recommended a s
the City is in need of a cohesive identification and the PCC supported this project as an essentia l
part in creating a City brand .
ATTACHMENT S
1.City Emblem
2.PCC Minutes-August 8, 2012 Meetin g
3.Draft PCC Minutes-September 12, 2012 Meetin g
4.Request for Proposal s
2-t416Yfp tar style guide (codron-elke)\ r-rfpsMeguide doc x
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ATTACHMENT 1
•New City Emblem
S
ATTACHMENT 2
Promotional Coordinating Committe e
Meeting Minute s
Wednesday, August 8, 201 2
10 a m
City Hall - Council Hearing Roo m
CALL TO ORDER :Vice-Chair Jill LeMieux
PRESENT :Fidler, Cox, Palazzo, Yukelson, Pearc e
STAFF PRESENT :Brigitte Elke, Principal Administrative Analys t
Claire Clark, Economic Development Manage r
PUBLIC COMMENT
There was no public comment.
CONSENT AGEND A
• ACTION :
Moved by Cox/Yukelsonto approve the consent agenda with the grammatica l
correction in the minutes as mentioned .
Motion carried 5 :0
Commissioner Palazzo arrived after the approval of the consent agenda .
PRESENTATION S
1 . CONCOURSE D'ELEGANC E
Kris Kington-Barker and Teri Conklin presented the 2012 Concourse report and results . 21 8
vehicles were entered and 3,000 people attended the event . Gate income was up 47%, 26% of ca r
entries and 40% of attendees came from out-of-county areas . Teri provided an overview on th e
advertising campaign . All promotional elements including the logo were changed in order to reflec t
the new location in San Luis Obispo . The organizers took advantage of cross promotion wit h
Remnants of the Past by interlinking online tools . Both events offered ticket discounts for peopl e
wanting to attend both events . The 2013 events is scheduled for June 7 th through 9th .
BUSINESS ITEM S
1 . CITY TEAR OFF MAP S
• Lindsey Miller with the Chamber of Commerce asked the committee to consider postponing th e
print of the downtown tear-off maps as the prominently marked Visitors Center location wil l
change within six months .
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Promotional Coordinating Committee Minute s
August S, 201 2
Page 2
ACTION :
Moved by Palazzo/Yukelson to hold off with the tear-off map until Visitors Cente r
has moved and utilize the trifold brochures until such time .
Motion carried 6 :0
2.2012-13 CONTRACTS
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S . Palazzo and R . Yukelson presented the workscopes for the three contracts with the Chamber o f
Commerce as discussed and proposed by the Marketing Subcommittee .
The Visitors Center contract now includes the submission of an annual budget for the center. Th e
Chamber of Commerce will provide this information accordingly .
ACTION :
Moved by Yukelson/Fidler to recommend Visitors Center contract as presented .
Motion carried 6 :0
The Marketing Subcommittee had asked the Chamber to submit a new report tool that allowed th e
tracking of the efforts on behalf of the GIA organizations on a monthly basis .
ACTION :
Moved by Cox/Pearce to recommend the GIA Support contract as presented wit h
the new monthly report matrix as submitted.
Motion carried 6 :0
The committee discussed the ROI reporting for the PR efforts and decided that it should be based o n
the appropriate reach and readership metrics of each medium . The new language now reads :
1 .4 R01 evaluation & reporting according to appropriate metrics for each medium .
ACTION :
Moved by Pearce/Palazzo to recommend the Public Relations contract as amended .
Motion carried 6 :0
Commissioner Fidler also asked that the Chamber research what the media is seeking and not what -
we assume the interest ought to be .
3.CITY EMBLEM, STYLE GUIDE &IDENTIFICATION STANDARDS MANUA L
Staff presented the sign audit, the resulting City emblem, and the possibility of creating a style guid e
for the City organization . Staff elaborated on the project, possible cost of a comprehensive project ,
and how the City envisions the implementation .
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ACTION :
Moved by Pearce/Coxto recommend the commissioning of a comprehensive styl e
guide not to exceed $40,000 .
Motion carried 6 :0
4.EVENTS &ACTIVITIES SUPPOR T
The committee agreed to move this item to the September agenda . Staff was asked to provide a
current budget breakdown for the SLO Happenings brochure and campaign with the agenda .
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Promotional Coordinating Committee Minute s
August 8, 201 2
Page 3
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COMMITTEE COMMUNICATIO N
Staff was asked to pass a copy of the final report from each organization to the assigned PCC liaison .
The liaison will then be responsible to provide a report to the committee .
Commissioner LeMieux asked staff to clarify whether events tickets from GIA organizations can b e
accepted. Staff explained the FPPC regulations and the reporting guidelines for Form 700 .
Staff was asked to place a business item on the September agenda to discuss an annual event s
promotion program with an RFP process .
Commissioner Pearce reported on the new partnership with Nature Corps, the ShareSLO status, an d
that TBID Board member Nipool Patel volunteered to serve on the joints events subcommittee .
Meeting adjourned at 7 :16 p m
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ATTACHMENT 3
Promotional Coordinating Committe e
Meeting Minute s
Wednesday, September 12, 201 2
10 a m
City Hall - Council Hearing Roo m
CALL TO ORDER :Vice-Chair Jill LeMieux
DRAF T
PRESENT :Fidler, Cox, Palazzo, Pearc e
STAFF PRESENT :Brigitte Elke, Principal Administrative Analys t
PUBLIC COMMEN T
Chamber of Commerce CEO, Ermina Karim, invited the board to partake in the visio n
workshop and new layout and design meetings for the proposed Visitors Center . She aske d
the board to place the formation of a task force for that purpose on the October agenda .
Staff was asked to do so .
Molly Cano with the VCB handed out the new event bags for the 2012 Sunset Savor th e
Central Coast which were paid for by the City's Tourism Business Improvement District .
She mentioned the article on the Nature Corps partnership in the LA Times that feature d
the volunteer vacations as the main travel tip .
She also reported on the VCB's pitch to the Western States Airport conference to bring th e
conference to SLO in April 2012 . She asked the board to save the date for the January VC B
annual vision workshop taking place at the Performing Art Center .
CONSENT AGEND A
ACTION :
Moved by Pearce/Coxto approve the consent agenda as presented .
Motion carried 5 :0
BUSINESS ITEM S
1 . EVENTS &ACTIVITIES SUPPOR T
Staff introduced the item that was moved from the August agenda, provided a cos t
evaluation of the current campaign, and reported on the available funding in th e
Community Promotions budget .
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Promotional Coordinating Committee Minute s
June 13, 201 2
Page 2
•The committee decided to keep the events promotion budget as well as beatification intact .
The funding needed should come from left-over GIA funding as the brochure largel y
benefits those organizations .
ACTION :Moved by Pearce/Palazzo to commission the digital brochure without
print & distribution with a budget not to exceed $32,000 .
Motion carried 4 :1
The current program includes the post-it note on The Tribune . This element will only b e
commissioned if it can be tracked independently to justify the expense . Verdin is to loo k
into this possibility and report to the committee in October .
2.EVENTS PROMOTION PROGRA M
Vice-Chair LeMieux introduced the agenda item that would establish a once-a-year RFP fo r
events promotion similar to GIA . The criteria need to be geared towards the larger contex t
in order to invite organizations that are looking at bringing a major event to San Lui s
Obispo .
ACTION :Moved by Fidler/Palazzoto adapt an events promotion cycle to replicat e
GIA starting in 2013 .Motion carried 5 :0
For the current year, the current process will continue as long as funding is available . Staff
was asked to bring back a RFP document, so the committee can define the criteria at th e
October regular meeting.
3.RFP REVIEW - CITY EMBLE M
The preliminary RFP documents were submitted with the agenda as attachment 2 . Th e
committee found the document well defined and inclusive of all elements . Whe n
developing the style guide, the consultant should consider the inclusion of departmenta l
treatments.-
ACTION :Moved by Fidler/Cox to accept the RFP document as presented .
Motion carried 5 :0
COMMITTEE COMMUNICATIO N
GIA Updates : Clint had one group that was sent to Brigitte & Lindse y
Bioneers reached out to JLM for invitations to the conference . The organizers would like t o
invite City Council, PCC, and other City officials .
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Promotional Coordinating Committee Minute s
June 13, 201 2
Page 3
TBID : approved annual reports . Same public comment. New board member with Granad a
Hotel .
Staff updated for Tourism Manager .
Meeting adjourned at 6 :49 pm
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C2-10
ATTACHMENT 4
MIPS City O f
san luis OBISp O
990 Palm Street ■ San Luis Obispo,CA 9340 1
Notice Requesting Proposals fo r
STYLE GUIDE & IDENTIFICATION STANDARDS MANUA L
The City of San Luis Obispo is requesting sealed proposals for development of a Style Guide an d
Identification Standard Manual pursuant to Specification No . XXXX . All proposals must be received by
the Finance Division by October 26, 2012, 3 p .m . when they will be opened publicly in the City Hall
Council Chambers, 990 Palm Street, San Luis Obispo, CA 93401 .
Proposals received after said time will not be considered . To guard against premature opening, eac h
proposal shall be submitted to the Finance Division in a sealed envelope plainly marked with th e
proposal title, specification number, bidder name, and time and date of the proposal opening . Proposal s
shall be submitted using the forms provided in the specification package .
Specification packages and additional information may be obtained for free on the City's Web site a t
www .slocity .org/finance/bids .asn or by contacting Brigitte Eke at (805) 781-7151 or belke@slocity .org
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The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities .
Telecommunications Device for the Deaf (805) 781-7410 .
C2-11
ATTACHMENT 4
Specification No . XXX X
TABLE OF CONTENT S
A.Description of Wor k
B.General Terms and Condition s
Proposal Requirement s
Contract Award and Executio n
Contract Performanc e
C .
Special Terms and Condition s
Proposal Conten t
Proposal Evaluation and Selectio n
Proposal Review and Award Schedul e
Alternative Proposal s
Accuracy of Specification s
D.Agreement
E.Insurance Requirements
F .
Proposal Submittal Form s
Proposal Submittal Summary For m
Statement of Past Contract Disqualifications
1
3
6
9
1 1
12
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C2-12
ATTACHMENT 4
Section A
DESCRIPTION OF WOR K
The City of San Luis Obispo ("City") is requesting proposals from qualified vendors for th e
development of a City Style Guide Manual .
Background
On October 18, 2011, the City Council approved the City Wayfinding Program that included a n
updated City emblem . One component of the Wayfinding Program was an image audit of Cit y
branding materials conducted by Pierre Rademaker Design. The consultant noted that the City's
branding materials are inconsistent and recommended that the City take steps to maintain brand
integrity with the introduction of the updated City emblem .
The new emblem denotes the Mission and the lettering depicts a Spanish-style font . The emble m
graphic was created in a single color, full color, and in bronze to be used on all new directiona l
signage . The City is looking to utilize this new emblem in all City applications and identificatio n
materials . To that effect, the City Council directed staff to invite proposals for the creation an d
initial implementation of a Style Guide Manual utilizing the new emblem .
Scope of Work
The objective of this project is to provide consistency in City identification material . Th e
development of a comprehensive Style Guide will provide direction in the use of the City log o
•
and wordmark organization-wide for all new materials and guidelines for replacement of curren t
logo bearing items . The goal is to create a cohesive City brand utilizing the new emblem .
The Style Guide should address all visual materials that carry the City's identification . Th e
proposal should include relevant research and the preparation of document layouts for review, the
preparation of comprehensive graphic files in applicable formats for electronic and print use . Th e
print use should consider various materials it might be applied to . The proposal should als o
consider the coordination with suppliers and contractors an d.therefore provide parameters for th e
use of the graphic identity in various applications . As the City is also working on a new website ,
the proposal should include collaboration with the selected website firm to assure proper
inclusion of the new City identity.
Contents of Style Guide
The Style Guide and Identifications Standards Manual should include, at a minimum, th e
following sections :
1.An Introduction Detailing the Purpose of the Style Guide and the importance of a
cohesive City identity .
2.How to Use and Apply the Manua l
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3 . Graphic and Visual Elements
C2-13
ATTACHMENT 4
a.The City Emblem & Wordmar k
b.Approved graphic element s
c.Typefaces and Font s
d.Official colors
e.Downloadable Graphic Files & direction for us e
4 . Print Items including
a.City letterhead, envelopes and notecards
b.Council Letterhead, envelopes and notecard s
c.Address label s
d.Business Cards
e.City templates : Reports, memos, PowerPoint presentations, fax sheets, etc .
f Name tags
g.Parking Passe s
h.Brochures
5 .Publication Planning including photography guideline s
6 .Other applications may includ e
a.Street signs
b .Facility signag e
c.Uniform s
d .Vehicle s
7 .Electronic Medi a
a.Web design guidelines, templates, and color s
b .Social networking site s
c .Email signature s
8 .Examples of What Not To Do
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•
C2-1 4
ATTACHMENT 4
Section B
GENERAL TERMS AND CONDITION S
PROPOSAL REQUIREMENT S
1 . Requirement to Meet All Provisions .Each individual or firm submitting a proposal shall mee t
all of the terms, and conditions of the Request for Proposals (RFP) specifications package . By
virtue of its proposal submittal, the bidder acknowledges agreement with and acceptance of al l
provisions of the RFP specifications :
2 .Proposal Submittal.Each proposal must be submitted on the form(s) provided in th e
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 th e
Department of Finance, 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 th e
proposal title, specification number, name of bidder, 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 bidder's insuranc e
coverage during proposal evaluation ; as discussed under paragraph 12 below, endorsements ar e
not required until contract award . The City's insurance requirements are detailed in Section E .
4 .Proposal Quotes and Unit Price Extensions .The extensions of unit prices for the quantitie s
indicated and the lump sum prices quoted by the bidder must be entered in figures in the space s
provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures . The
Proposal Submittal Form(s) must be totally completed . If the unit price and the total amoun t
stated by any bidder for any item are not in agreement, the unit price alone will be considered as
representing the bidder's intention and the proposal total will be corrected to conform to th e
specified unit price .
5 .Proposal Withdrawal and Opening .A bidder may withdraw its proposal, without prejudic e
prior to the time specified for the proposal opening, by submitting a written request to th e
Director of Finance for its withdrawal, in which event the proposal will be returned to the bidde r
unopened . No proposal received after the time specified or at any place other than that stated i n
the "Notice Inviting Bids/Requesting Proposals" will be considered . All proposals will b e
opened and declared publicly . Bidders or their representatives are invited to be present at th e
opening of the proposals .
6 .Submittal of One Proposal Only .No individual or business entity of any kind shall be allowe d
to make or file, or to be interested in more than one proposal, except an alternative proposa l
when specifically requested ; however, an individual or business entity that has submitted a sub -
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proposal to a bidder submitting a proposal, or who has quoted prices on materials to such bidder ,
C2-15
ATTACHMENT 4
is not thereby disqualified from submitting a sub-proposal or from quoting prices to other bidder s
submitting proposals .•
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C2-16
ATTACHMENT 4
7.
Cooperative Purchasing .During the term of the contract, the successful bidder will extend al l
• terms and .conditions to any other local governmental agencies upon their request. Thes e
agencies will issue their own purchase orders, will directly receive goods or services at thei r
place of business and will be directly billed by the successful bidder .
8.Communications . All timely requests for information submitted in writing will receive a
written response from the City . Telephone communications with City staff are not encouraged ,
but will be permitted . However, any such oral communication shall not be binding on the City .
CONTRACT AWARD AND EXECUTIO N
9.Proposal Retention and Award .The City reserves the right to retain all proposals for a perio d
of 60 days for examination and comparison . The City also reserves the right to waiv e
non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete on e
part of a proposal and accept the other, except to the extent that proposals are qualified b y
specific limitations . See the "special terms and conditions" in Section C of these specification s
for proposal evaluation and contract award criteria .
10.Competency and Responsibility of Bidder .The City reserves full discretion to determine th e
competence and responsibility, professionally and/or financially, of bidders . Bidders wil l
provide, in a timely manner, all information that the City deems necessary to make such a
decision .
11.Contract Requirement . The bidder to whom award is made (Contractor) shall execute a writte n
contract with the City within ten (10) calendar days after notice of the award has been sent b y
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 .
12.Insurance Requirements . The Contractor shall provide proof of insurance in the form ,
coverages and amounts specified in Section E of these specifications within 10 (ten) calenda r
days after notice of contract award as a precondition to contract execution .
13.Business License &Tax .The Contractor must have a valid City of San Luis Obispo busines s
license and tax certificate before execution of the contract . Additional information regarding th e
City's business license and tax program may be obtained by calling (805) 781-7134 .
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CONTRACT PERFORMANC E
14.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 ou t
and complete the work hereunder in compliance with any and all federal, state, county, city, an d
special district laws, ordinances, and regulations .
15.Laws to be Observed :The Contractor shall keep itself fully informed of and shall observe an d
comply with all -applicable state and federal laws and county and City of San Luis Obisp o
ordinances, regulations and adopted codes during its performance of the work .
16.
Payment of Taxes .The contract prices shall include full compensation for all taxes that th e
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Contractor is required to pay .
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C2-17
ATTACHMENT 4
17.
Permits and Licenses . The Contractor shall procure all permits and licenses, pay all charge s
and fees, and give all notices necessary .
18.
Safety Provisions . The Contractor shall conform to the rules and regulations pertaining t o
safety established by OSHA and the California Division of Industrial Safety .
19.Public and Employee Safety. Whenever the Contractor's operations create a conditio n
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 othe r
devices and take such other protective measures as are necessary to prevent accidents or damag e
or injury to the public and employees .
20.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 injure d
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 .
21.Immigration Act of 1986 .The Contractor warrants on behalf of itself and all subcontractor s
engaged for the performance of this work that only persons authorized to work in the Unite d
States pursuant to the Immigration Reform and Control Act of 1986 and other applicable law s
shall be employed in the performance of the work hereunder .
22.Contractor Non-Discrimination .In-the performance of this work, the Contractor agrees that i t
will not engage in, nor permit such subcontractors as it may employ, to engage in discriminatio n
in employment of persons because of age, race, color, sex, national origin or ancestry, sexua l
orientation, or religion of such persons .
23.Work Delays .Should the Contractor be obstructed or delayed in the work required to be don e
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, o r
labor due to federal government restrictions arising out of defense or war programs, then the tim e
of completion may, at the City's sole option, be extended for such periods as may be agreed upo n
by the City and the Contractor . In the event that there is insufficient time to grant suc h
extensions prior to the completion date of the contract, the City may, at the time of acceptance o f
the work, waive liquidated damages that may have accrued for failure to complete on time, due t o
any of the above, after hearing evidence as to the reasons for such delay, and making a finding a s
to the causes of same .
24.Payment Terms .The City's payment terms are 30 days from the receipt of an original invoic e
and acceptance by the City of the materials, supplies, equipment or services provided by th e
Contractor (Net 30).
25.Inspection . The Contractor shall furnish City with every reasonable opportunity for City t o
ascertain that the services of the Contractor are being performed in accordance with th e
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 .
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C2-18
ATTACHMENT 4
26.
Audit . The City shall have the option of inspecting and/or auditing all records and other writte n
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materials used by Contractor in preparing its invoices to City as a condition precedent to an y
payment to Contractor .
27.Interests of Contractor . The Contractor covenants that it presently has no interest, and shal l
not acquire any interest—direct, indirect or otherwise—that would conflict in any manner o r
degree with the performance of the work hereunder . The Contractor further covenants that, i n
the performance of this work, no subcontractor or person having such an interest shall b e
employed . The Contractor certifies that no one who has or will have any financial interest i n
performing this work is an officer or employee of the City . It is hereby expressly agreed that, i n
the performance of the work hereunder, the Contractor shall at all times be deemed a n
independent contractor and not an agent or employee of the City .
28.Hold Harmless and Indemnification .The Contractor agrees to defend, indemnify, protec t
and hold the City and its agents, officers and employees harmless from and against any an d
all claims asserted or liability established for damages or injuries to any person or property ,
including injury to the Contractor's employees, agents or officers that arise from or ar e
connected with or are caused or claimed to be caused by the acts or omissions of th e
Contractor, and its agents, officers or employees, in performing the work or services herein ,
and all expenses of investigating and defending against same;provided,however, that th e
Contractor's duty to indemnify and hold harmless shall not include any claims or liability
arising from the established sole negligence or willful misconduct of the City, its agents ,
officers or employees .
• 29 . Contract Assignment . The Contractor shall not assign, transfer, convey or otherwise dispose o f
the contract, or its right, title or interest, or its power to execute such a contract to any individua l
or business entity of any kind without the previous written consent of the City .
30 .Termination .If, during the term of the contract, the City determines that the Contractor is no t
faithfully abiding by any term or condition contained herein, the City may notify the Contracto r
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 day s
specified in the notice, such shall constitute a breach of the contract and the City may terminat e
the contract immediately by written notice to the Contractor to said effect . Thereafter, neithe r
party shall have any further duties, obligations, responsibilities, or rights under the contrac t
except, however, any and all obligations of the Contractor's surety shall remain in full force an d
effect, and shall not be extinguished, reduced, or in any manner waived by the terminatio n
thereof.
In said event, the Contractor shall be entitled to the reasonable value of its services performe d
from the beginning date in which the breach occurs up to the day it received the City's Notice o f
Termination, minus any offset from such payment representing the City's damages from suc h
breach . "Reasonable value" includes fees or charges for goods or services as of the las t
milestone or task satisfactorily delivered or completed by the Contractor as may be set forth i n
the Agreement payment schedule ; compensation for any other work, services or goods performe d
or provided by the Contractor shall be based solely on the City's assessment of the value of th e
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work-in-progress in completing the overall workscope .
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ATTACHMENT 4
The City reserves the right to delay any . such payment until completion or confirme d
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 t o
receive in excess of the compensation quoted in its proposal .
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ATTACHMENT 4
Section C
SPECIAL TERMS AND CONDITION S
1 .
Proposal Content .Your proposal must include the following information :
Submittal Form s
a.Proposal submittal summary .
b.Certificate of insurance .
c.References from at least three firms for whom you have provided similar sery ices .
d.Examples of style guides and identification manual s
Qualification s
e.Experience of your firm in performing similar services .
f.Resumes of the individuals who would be assigned to this project, including any sub -
consultants .
g.Standard hourly billing rates for the assigned staff, including any sub-consultants .
h.Statement and explanation of any instances where your firm has been removed from a
project or disqualified from proposing on a project .
Work Progra m
i.Description of your approach to completing the work .
j.Tentative schedule by phase and task for completing the work .
k.Estimated hours for your staff in performing each major phase of the work, includin g
sub-consultants .
1 .
Services or data to be provided by the City .
m.Any other information that would assist us in making this contract award decision .
Compensatio n
n.Proposed compensation and payment schedule tied to accomplishing key tasks .
Proposal Length and Copies
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o.Proposals should not exceed 10 pages, including attachments and supplementa l
materials .
p.8 copies of the proposal must be submitted .
2 .
Proposal Evaluation and Selection .Proposals will be evaluated by a review committee base d
on the following criteria :
a.Understanding of the work required by the City .
b.Quality, clarity and responsiveness of the proposal .
c.Demonstrated competence and professional qualifications necessary for successfull y
performing the work required by the City .
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d .
Recent experience in successfully performing similar services .
e .
Proposed approach in completing the work.
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ATTACHMENT 4
f
References .
g.Background and related experience of the specific individuals to be assigned to thi s
project.
h.Proposed compensation .
As reflected above, contract award will not be based solely on price, but on a combination o f
factors as determined to be in the best interest of the City . After evaluating the proposals and
discussing them further with the finalists or the tentatively selected contractor, the City reserve s
the right to further negotiate the proposed work and/or method and amount of compensation .
3 .
Proposal Review and Award Schedule . The following is an outline of the anticipated schedul e
for proposal review and contract award :
a .Issue RFP 10/1 7
b .Receive proposals 11/7
c .Complete proposal evaluation 11/1 4
d .Conduct finalist interviews 11/1 6
e .Finalize staff recommendation 11/2 1
f Award contract 11/3 0
g .Execute contract 12/3
h .Start work 12/7
OWNERSHIP, DELIVERY AND PRESENTATION O F
WRITTEN OR GRAPHIC PRODUCT S
4.Ownership of Materials .All original drawings, plan documents and other materials prepare d
by or in possession of the Contractor as part of the work or services under these specification s
shall become the permanent property of the City, and shall be delivered to the City upon demand .
5.Release of Reports and Information .Any reports, information, data, or other material give n
to, prepared by or assembled by the Contractor as part of the work or services under thes e
specifications shall be the property of City and shall not be made available to any individual o r
organization by the Contractor without the prior written approval of the City .
6.Copies of Reports and Information . If the City requests additional copies of reports, drawings ,
specifications, or any other material in addition to what the Contractor is required to furnish i n
limited quantities as part of the work or services under these specifications, the Contractor shal l
provide such additional copies as are requested, and City shall compensate the Contractor for th e
costs of duplicating of such copies at the Contractor's direct expense .
7.
Required Deliverable Products .The Contractor will be required to provide :
a . 8 copies of style guide addressing all elements of the workscope . City staff will revie w
any documents or materials provided by the Contractor and, where necessary, th e
Contractor will be required to respond to staff comments and make such changes a s
deemed appropriate .
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ATTACHMENT 4
b.One camera-ready original, unbound, each page printed on only one side, including an y
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original graphics in place and scaled to size, ready for reproduction .
c.When computers have been used to produce materials submitted to the City as a part o f
the workscope, the Contractor must provide the corresponding computer files to the City ,
compatible with the following programs whenever possible unless otherwise directed b y
the project manager :
•Word Processing Word
•Spreadsheets Excel
•Presentations PowerPoin t
•Desktop Publishing CorelDraw, PageMake r
•Computer Aided Drafting (CAD)AutoCAD
Computer files must be on 3½", high-density, write-protected diskettes, formatted for us e
on IBM-compatible systems . Each diskette must be clearly labeled and have a printe d
copy of the directory . Alternatively, files may be emailed to the City .
8 .Attendance at Meetings and Hearings .As part of the workscope and included in the contrac t
price is attendance by the Contractor at up to three public meetings to present and discuss it s
findings and recommendations . Contractor shall attend as many "working" meetings with staff
as necessary in performing workscope tasks .
ALTERNATIVE PROPOSAL S
• 9 .Alternative Proposals .The proposer may submit an alternative proposal (or proposals) that i t
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 th e
alternatives, and discuss under what circumstances the City would prefer one alternative to th e
other(s). If an alternative proposal is submitted, the maximum length of the proposal may b e
expanded proportionately by the number of alternatives submitted .
BID SPECIFICATION LIMIT S
10 . Accuracy of Specifications . The specifications for this project are believed by the City to b e
accurate nd to contain no affirmative misrepresentation or any concealment of fact . Bidders are
cautioned to undertake an independent analysis of any test results in the specifications, as Cit y
does not guaranty the accuracy of its interpretation of test results contained in the specifications
package . In preparing its proposal, the bidder and all subcontractors named in its proposal shal l
bear sole responsibility for proposal preparation errors resulting from any misstatements o r
omissions in the plans and specifications that could easily have been ascertained by examinin g
either the project site or accurate test data in the City's possession . Although the effect of
ambiguities or defects in the plans and specifications will be as determined by law, any paten t
ambiguity or defect shall give rise to a duty of bidder to inquire prior to proposal submittal .
Failure to so inquire shall cause any such ambiguity or defect to be construed against the bidder .
An ambiguity or defect shall be considered patent if it is of such a nature that the bidder ,
assuming reasonable skill, ability and diligence on its part, knew or should have known of th e
existence of the ambiguity or defect . Furthermore, failure of the bidder or subcontractors t o
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notify City in writing of specification or plan defects or ambiguities prior to proposal submitta l
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ATTACHMENT 4
shall waive any right to assert said defects or ambiguities subsequent to submittal of th e
proposal .
To the extent that these specifications constitute performance specifications, the City shall not b e
liable for costs incurred by the successful bidder to achieve the project's objective or standar d
beyond the amounts provided there for in the proposal .
In the event that, after awarding the contract, any dispute arises as a result of any actual o r
alleged ambiguity or defect in the plans and/or specifications, or any other matter whatsoever ,
Contractor shall immediately notify the City in writing, and the Contractor and all subcontractors
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, o r
additional compensation has been granted by City . Failure to provide the hereinbefore describe d
written notice within one (1) working day of contractor's becoming aware of the facts giving ris e
to the dispute shall constitute a waiver of the right to assert the causative role of the defect o r
ambiguity in the plans or specifications concerning the dispute .
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C2-24
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ATTACHMENT 4
Section D
FORM OF AGREEMENT
AGREEMEN T
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [#Tay, d ,year]by and
between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, an d
[CONTRACTOR'S NAME ], hereinafter referred to as Contractor .
WITNESSETH :
WHEREAS, on [date],City requested proposals for a Style Guide and Identification Standards Manual per
Specification No . [9x-act].
WHEREAS, pursuant to said request Contractor submitted a proposal that was accepted by City for sai d
project.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafte r
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, a s
first written above, until acceptance or completion of said project .
2.INCORPORATION BY REFERENCE .City Specification No . [' ] and Contractor's
proposal dated [date],are hereby incorporated in and made a part of this Agreement . To the extent that there are an y
conflicts between the City's specification and this Agreement and the Contractor's proposal, the terms of the City's
specification and this Agreement shall prevail, unless specifically agreed otherwise in writing signed by both parties .
3.
CITY'S OBLIGATIONS . For providing a Style Guide and Identification Standards Manual as :
specified in this Agreement, City will pay and Contractor shall receive compensation in a total sum not to exceed [$
.00 ].
4.CONTRACTOR'S OBLIGATIONS . For and in consideration of the payments and agreement s
hereinbefore mentioned to be made and performed by City, Contractor agrees with City to do everything required b y
this Agreement and the said specification .
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C2-25
ATTACHMENT 4
5.
AMENDMENTS .Any amendment, modification or variation from the terms of this Agreemen t
shall be in writing and shall be effective only upon approval by the City Manager of the City .
6.COMPLETE AGREEMENT . This written Agreement, including all writings specificall y
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 partie s
hereto .
7.
NOTICE .All written notices to the part ies hereto shall be sent by United States mail, postag e
prepaid by registered or certified mail addressed as follows :
City
City Cler k
City of San Luis Obisp o
990 Palm Stree t
San Luis Obispo, CA 9340 1
Contractor
Name
Addres s
8.AUTHORITY TO EXECUTE AGREEMENT .Both City and Contractor do covenant that eac h
individual executing this agreement on behalf of each party is a person duly authorized and empowered to execut e
Agreements for such party .
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and yea r
first above written .
ATTEST :
CITY OF SAN LUIS OBISP O
By :
City Clerk
City Manage r
APPROVED AS TO FORM :
CONTRACTO R
By :
City Attorney
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ATTACHMENT 4
Section E
INSURANCE REQUIREMENT S
Supply and Equipment Contracts
The Contractor shall procure and maintain for the duration of the contract insurance against claims fo r
injuries to persons or damages to property that may arise from or in connection with the products an d
materials supplied to the City . The cost of such insurance shall be borne by the Contractor .
Minimum Scope of Insurance . Coverage shall be at least as broad as Insurance Services Offic e
Commercial General Liability coverage ("occurrence" form CG 0001).
Minimum Limits of Insurance . Contractor shall maintain limits no less than $1,000,000 per occurrenc e
for bodily injury, personal injury and property damage . If Commercial General Liability or other for m
with a general aggregate limit is used, either the general aggregate limit shall apply separately to thi s
project/location or the general aggregate limit shall be twice the required occurrence limit .
Deductibles and Self-Insured Retentions . Any deductibles or self-insured retentions must be declare d
to and approved by the City . At the option of the City, either : the insurer shall reduce of eliminate suc h
deductibles or self-insured retentions as respects the City, its officers, officials, employees an d
volunteers ; or the Contractor shall procure a bond guaranteeing payment of losses and relate d
investigations, claim administration and defense expenses .
Other Insurance Provisions .The general liability policy is to contain, or be endorsed to contain, th e
following provisions :
1.The City, its officers, officials, employees, agents and volunteers are to be covered as insureds a s
respects : products and completed operations of the Contractor . The coverage shall contain n o
special limitations on the scope of protection afforded to the City, its officers, officials ,
employees, agents or volunteers .
2.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 th e
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 o r
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 b e
suspended, voided, canceled by either party, reduced in coverage or in limits except after thirt y
(30) days' prior written notice by certified mail, return receipt requested, has been given to th e
City .
Acceptability of Insurers .Insurance is to be placed with insurers with a current A .M . Best's rating o f
no less than A :VII .
Verification of Coverage . The Contractor shall furnish the City with original endorsements effectin g
coverage required by this clause . The endorsements are to be signed by a person authorized by tha t
insurer to bind coverage on its behalf. All endorsements are to be received and approved by the Cit y
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before work commences .
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ATTACHMENT 4
Section E
INSURANCE REQUIREMENT S
Operation & Maintenance Contract s
The Contractor shall procure and maintain for the duration of the contract insurance against claims fo r
injuries to persons or damages to property that may arise from or in connection with the performance o f
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 20 1 0
Prior to 1993 or CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as determined b y
the City).
2.
Insurance Sery ices Office form number CA 0001 (Ed . 1/87) covering Automobile Liability, cod e
1 (any auto).
3.
Workers' Compensation insurance as required by the State of California and Employer's Liabilit y
Insurance .
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 genera l
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 .
Deductibles and Self-Insured Retentions . Any deductibles or self-insured retentions must be declare d
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 an d
volunteers ; or the Contractor shall procure a bond guaranteeing payment of losses and relate d
investigations, claim administration and defense_expenses .
Other Insurance Provisions .The general liability and automobile liability policies are to contain, or b e
endorsed to contain, the following provisions :
The City, its officers, officials, employees, agents and volunteers are to be covered as insureds a s
respects : liability arising out of activities performed by or on behalf of the Contractor ; product s
and completed operations of the Contractor ; premises owned, occupied or used by th e
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 primar y
insurance as respects the City, its officers, officials, employees, agents and volunteers . An y
insurance or self-insurance maintained by the City, its officers, officials, employees, agents o r
volunteers shall be excess of the Contractor's insurance and shall not contribute with it .
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ATTACHMENT 4
3.The Contractor's insurance shall apply separately to each insured against whom claim is made o r
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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 b e
suspended, voided, canceled by either party, reduced in coverage or in limits except after thirt y
(30) days' prior written notice by certified mail, return receipt requested, has been given to th e
City .
Acceptability of Insurers .Insurance is to be placed with insurers with a current A .M . Best's rating o f
no less than A :VII .
Verification of Coverage . Contractor shall furnish the City with a certificate of insurance showin g
required coverage . Original endorsements effecting general liability and automobile liability coverag e
are also required by this clause . The endorsements are to be signed by a person authorized by tha t
insurer to bind coverage on its behalf. All endorsements are to be received and approved by the Cit y
before work commences .
Subcontractors .Contractor shall include all subcontractors as insured under its policies or shall furnis h
separate certificates and endorsements for each subcontractor . All coverages for subcontractors shall b e
subject to all of the requirements stated herein .
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ATTACHMENT 4
Section E
INSURANCE REQUIREMENT S
Consultant Service s
The Contractor shall procure and maintain for the duration of the contract insurance against claims fo r
injuries to persons or damages to property which may arise from or in connection with the performanc e
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, cod e
1 (any auto).
3.
Workers' Compensation insurance as required by the State of California and Employer's Liabilit y
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 propert y
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 genera l
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 declare d
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 an d
volunteers ; or the Contractor shall procure a bond guaranteeing payment of losses and relate d
investigations, claim administration and defense expenses .
Other Insurance Provisions . The general liability and automobile liability policies are to contain, or b e
endorsed to contain, the following provisions :
1.The City, its officers, officials, employees, agents and volunteers are to be covered as insureds a s
respects : liability arising out of activities performed by or on behalf of the Contractor ; product s
and completed operations of the Contractor ; premises owned, occupied or used by th e
Contractor ; or automobiles owned, leased, hired or borrowed by the Contractor . The coverag e
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 primar y
insurance as respects the City, its officers, officials, employees, agents and volunteers . An y
insurance or self-insurance maintained by the City, its officers, officials, employees, agents o r
volunteers shall be excess of the Contractor's insurance and shall not contribute with it .
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ATTACHMENT 4
3.
The Contractor's insurance shall apply separately to each insured against whom claim is made o r
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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 b e
suspended, voided, canceled by either party, reduced in coverage or in limits except after thirt y
(30) days' prior written notice by certified mail, return receipt requested, has been given to th e
City .
Acceptability of Insurers .Insurance is to be placed with insurers with a current A .M . Best's rating of
no less than A :VU .
Verification of Coverage .Contractor shall furnish the City with a certificate of insurance showin g
maintenance of the required insurance coverage . Original endorsements effecting general liability an d
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 b e
received and approved by the City before work commences .
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ATTACHMENT 4
Section E
INSURANCE REQUIREMENTS :
Environmental Contractors and Consultant s
Contractor shall procure and maintain for the duration of the contract insurance against claims fo r
injuries to persons or damages to property that may arise from or in connection with the performance o f
the work hereunder by the Contractor, its agents, representatives, employees or subcontractors . Genera l
Liability, Errors and Omissions and Pollution and/or Asbestos Pollution Liability coverages should b e
maintained for a minimum of five (5) years after contract completion .
Minimum Scope of Insurance .Coverage shall be at least as broad as :
1.
Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001 o r
Claims Made Form CG 0002).
2.
Insurance Services Office form number CA 0001 (Ed . 1/87) covering Automobile Liability, cod e
1 (any auto), or code 8, 9 if no owned autos .
3.
Workers' Compensation insurance as required by the State of California and Employer's Liabilit y
Insurance .
4.
Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions .
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 propert y
damage . If Commercial General Liability Insurance or other form with a general aggregate limi t
is used, either the general aggregate limit shall apply separately to this project/location or th e
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 each accident, $1,000,000 policy limit bodily injury b y
disease, $1,000,000 each employee bodily injury by disease .
4.
Pollution and/or Asbestos Pollution Liability and/or Errors and Omissions : $1,000,000 eac h
occurrence/$2,000,000 policy aggregate .
Deductibles and Self-Insured Retentions .Any deductibles or self-insured retentions must be declare d
to and approved by the Entity .
Other Insurance Provisions .The following insurance provisions shall also apply :
1 .
The general liability, automobile liability, pollution and/or asbestos pollution and/or errors &
omissions policies are to contain, or be endorsed to contain, the following provisions :
a. The City, its officers, officials, employees, agents and volunteers are to be covered a s
additional insureds as respects : liability arising out of activities performed by or on
behalf of the Contractor ; products and completed operations of the Contractor ; pollution
and/or asbestos pollution and/or errors or omissions, or automobiles owned, leased, hire d
or borrowed by the Contractor . The coverage shall contain no special limitations on th e
scope of protection afforded to the Entity, its officers, officials, employees, agents o r
volunteers .
Note : Automobile, Pollution, Asbestos Pollution and/or Errors and Omissions insuranc e
carriers may not name the City as Additional Insured . If the City cannot be named as
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ATTACHMENT 4
Additional Insured, a letter from the insurance company confirming their positio n
required .
b.For any claims related to this project, the Contractor's insurance coverage shall b e
primary insurance as respects the City, its officers, officials, employees, agents an d
volunteers . Any insurance or self-insurance maintained by the City, its officers ,
officials, employees, agents or volunteers shall be excess of the Contractor's insuranc e
and shall not contribute with it .
c.The Contractor's insurance shall apply separately to each insured against whom claim i s
made or suit is brought, except with respect to the limits of the insurer's liability .
d.Each insurance policy required by this clause shall be endorsed to state that coverag e
shall not be canceled by either party except after thirty (30) days prior written notice ha s
been given to the City .
2 .
The automobile liability policy shall be endorsed to delete the pollution and/or the asbesto s
exclusion and add the Motor Carrier Act endorsement (MCS-90).
3 .
If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omission s
coverages are written on a Claims Made Form :
a.The "Retro Date" must be shown, and must be before the date of the contract or th e
beginning of contract work .
b.Insurance must be maintained and evidence of insurance must be provided for at leas t
five (5) years after completion of the contract or work .
c.If the coverage is canceled or non-renewed, and not replaced with another claims mad e
policy form with a "Retro Date" prior to the contract effective date, the Contractor mus t
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purchase "extended reporting" coverage for a minimum of five years after completion o f
the contract or work .
d.A copy of the claims reporting requirements must be submitted to the City for review .
4 .
The workers compensation policy shall be endorsed with a waiver of subrogation in favor of th e
City.
Acceptability of Insurers .Insurance is to be placed with insurers with a current A .M. Best's rating o f
no less than A :VII . Since Pollution and/or Asbestos Pollution coverages may not be available from a n
"Admitted" insurer, the coverage may be written by a Non-Admitted insurance company . A Non-
admitted company should have an A .M . Best's rating of A :X or higher . Pollution and/or Asbesto s
coverages may also be written by a Captive Insurance Company or Risk Retention Group or Captive
Insurance Company, the City will check with its Insurance Advisor for further information befor e
approval .
Verification of Coverage . Contractor shall furnish the City with certified copies of endorsement s
effecting coverage required by this clause . The endorsements are to be signed by a person authorized b y
that insurer to bind coverage on its behalf . The endorsements are to be on forms provided by the City,
unless the insurance company will not use the City's form . All endorsements are to be received and
approved by the City before work commences . As an alternative to the City's forms, the Contractor's
insurer may provide complete, certified copies of all required insurance policies, including endorsement s
affecting the coverage required by these specifications .
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ATTACHMENT 4
Subcontractors .Contractor shall include all subcontractors as insured under its policies or shall furnis h
separate certificates and endorsements for each subcontractor . All coverages for subcontractors shall b e
subject to all of the requirements stated herein .
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ATTACHMENT 4
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PROPOSAL SUBMITTAL FORM Sample A
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The undersigned declares that she or he has carefully examined Specification No . 97-5, which is hereb y
made a part of this proposal ; is thoroughly familiar with its contents ; is authorized to represent th e
proposing firm ; and agrees to perform the specified work for the following cost quoted in full :
BID ITEM : One Tree Stump Grinder
Delivery of equipment to the City to be within calendar days after contract execution an d
written authorization to proceed .
d Certificate of insurance attached ; insurance company's A .M . Best rating :
Firm Name and Addres s
NOTES ON THIS SAMPLE FOR M
This is the City's "basic" submittal form, and something like it should accompany all
proposals, even if.•a combined "description of work/detailed proposal submittal form" (lik e
Sample E) is required ; or price information is not requested (like Sample F).
Total Base Pric e
Sales tax @ 7 .25 %
Other (provide detail belo w
TOTAL
S
Phon eContact
Signature ofAuthorized Representative
Date
-23 -
C2-35
ATTACHMENT 4
PROPOSAL SUBMITTAL FORM Sample B
•
The undersigned declares that she or he has carefully examined Specification No . 97-6, which is hereby
made a part of this proposal ; is thoroughly familiar with its contents ; is authorized to represent th e
proposing firm ; and agrees to perform the specified work for the following cost quoted in full :
Description Quantity Unit Price Tota l
Tree stump grinder 1
Back hoe 2
Half-ton pick-up truck 1
Half-ton prick-up truck with utility body 4
Three quarter ton pick-up truck 1
TOTAL BASE PRIC E
Sales tax @ 7 .25 %
Other (provide detail below )
TOTAL $
Delivery of equipment to the City to be within calendar days after contract execution an d
written authorization to proceed .
q
Certificate of insurance attached ; insurance company's A .M . Best rating :
Firm Name and Addres s
t NOTES ON THIS SAMPLE FOR M
This is another sample of "basic" submittal form when you have multiple bid items that are
specified in detail in the "description of work" section .
Phon eContact
Signature of Authorized Representative
Date
•
•
-24-
C2-36
ATTACHMENT 4
PROPOSAL SUBMITTAL SUMMARY Sample C
•
•
•
The undersigned declares that she or he has carefully examined Specification No . 97-7, which is hereb y
made a part of this proposal ; is thoroughly familiar with its contents ; is authorized to represent th e
proposing firm; and agrees to perform the specified work for the following cost quoted in full :
-..
'TSr+i?x°.:
Phase A
I F 1 a
e,
Phase B
'b)+SksYw+w#%ff.;;
x .,
Phase A Phase B
Parks & Recreation Offic e
Police Statio n
Corporation Yar d
955 Mono Offices
Parking Administration Offic e
TOTAL BASE PRICE
Sales tax @ 7 .25%
Other (attach supporting detail)
TOTAL $$$$
Calendar days required to complete wor k
q
Certificate of insurance attached ; insurance company's A .M . Best rating :
Firm Name and Addres s
Signature ofAuthorized Representative
Date
t NOTES ON THIS SAMPLE FOR M
This sample form would be useful in an RFP where there are several options and phases, an d
the proposal is likely to have a lot of narrative.
Phon eContact
-25 -
C2-3 7
ATTACHMENT 4
PROPOSAL SUBMITTAL FORM Sample D
•
The undersigned declares that she or he has carefully examined Specification No . 97-8, which is hereb y
made a part of this proposal ; is thoroughly familiar with its contents ; is authorized to represent th e
proposing finn ; and agrees to perform the specified work for the following cost quoted in full :
Description 1996-97 1997-98 1998-99
General purpose financial statement s
TDA financial audit and compliance repor t
Single audit act repor t
Whale Rock Commission audit report
Insurance JPA audit report
TOTAL
-$$$
q
Certificate of insurance attached ; insurance company's A .M . Best rating :
Firm Name and Addres s
Signature ofAuthorized Representative
Dat e
t NOTES ON THIS SAMPLE FOR M
This sample form would be useful in an RFP for multi year services where there are severa l
work components and the proposal is likely to have a lot of narrative .
-26 -
C2-3 8
Phon eContact
•
•
ATTACHMENT 4
•
Description of Work/Detail Proposal Submittal Form Sample E
The City is requesting proposals for the following lubrication and oil products :
6
Anti-freeze suitable as year
Gallon
30 0
round coolant in aluminum bloc k
engines
2,00 0I
All fleet 40 wt engine oil
Quart
meeting all US manufactured
engine specification s
Ford ATF
Quart
Dextron ATF
Quart
X-18 85/140 gear tube
Gallon
Unitrac fluid (hydraulic oil)
Gallon
2
3
4
5
50 0
100 0
100
50 0
Brake fluid in one gallo n
containers, DOT 3 or bette r
meeting all hydraulic brak e
application s
Flash flush individual cans
Quart
Diesel engine starting fluid
Quart
Non-detergent 30 wt engine oil
Quart
11
Non-detergent 10 wt engine oil
Quart
2 5
10 0
7
8
9
10
Gallon 5 0
5 0
2 5
•
Item Total
Sales tax @ 7 .25 %
Other (provide detail below )
TOTAL (Must agree with amount stated in the Proposal Summary
$
•
r NOTES ON THIS SAMPLE FORM
In this sample, the bid form and the description of work are combined for simplicity.
However, as indicated above, a proposal summary form should also be submitted with thi s
form to document the bidder's agreement with the specifications and submittal of insuranc e
information .
If the quantities are estimates to determine the lowest overall proposal, this column should b e
tilted as such, and noted in the "special terms and conditions" section .
-27 -
C2-39
ATTACHMENT 4
PROPOSAL SUBMITTAL FORM Sample F
•
The undersigned declares that she or he :
Has carefully examined Specification No . 97-10, which is hereby made a part of this proposal .
Is thoroughly familiar with its contents .
Is authorized to represent the proposing firm .
Agrees to perform the work as set forth in this proposal .
q
Certificate of insurance attached ; insurance company's A .M . Best rating : _
Firm Name and Addres s
NOTES ON THIS SAMPLE FOR M
This form would be used for RFP's for engineering, architect and environmental service s
where cost information is not being requested as part of the written proposal .
_28_
C2-4 0
Phon eContact
SignatureofA uthorized Representative
Date •
•
•
•
•
ATTACHMENT 4
REFERENCE S
Number of years engaged in providing the services included within the scope of the specifications unde r
the present business name :
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide th e
services included with the scope of the specifications . Attach additional pages if required . The Cit y
reserves the right to contact each of the references listed for additional information regarding your firm's
qualifications .
Reference No .1
Reference No .2
Reference No .3
Customer Name
Contact Individua l
Telephone & FAX number
Street Addres s
City, State, Zip Cod e
Description of services provide d
including contract amount, whe n
provided and project outcom e
Customer Name
Contact Individua l
Telephone & FAX number
Street Addres s
City, State, Zip Cod e
Description of services provide d
including contract amount, whe n
provided and project outcome
Customer Name
Contact Individua l
Telephone & FAX number
Street Addres s
City, State, Zip Code
Description of services provided
including contract amount, whe n
provided and project outcome
-29 -
C2-41
ATTACHMENT 4
•
•
•
•
ATTACHMENT 4
STATEMENT OF PAST CONTRACT DISQUALIFICATION S
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 othe r
reason, including but not limited to financial difficulties, project delays, or disputes regarding work o r
product quality, and if so to explain the circumstances .
■Do you have any disqualification as described in the above paragraph to declare?
Yes q
No q
Ifyes, explain the circumstances.
•
•
Executed on at under penalt y
of perjury of the laws of the State of California, that the foregoing is true and correct .
Signature of Authorized Bidder Representative
-31 -
C2-43
ATTACHMENT 4
BIDDERS LIS T
TREE STUMP GRINDER—SPECIFICATION NO . 97-5
•
Business Name
Contact Nam e
Addres s
City, State and Zip Cod e
Phone No .
Fax No .
Business Name
Contact Nam e
Addres s
City, State and Zip Cod e
Phone No .
Fax No .
Business Name
Contact Nam e
Addres s
City, State and Zip Cod e
Phone No .
Fax No .
Business Name
Contact Name
Addres s
City, State and Zip Cod e
Phone No .
Fax No .
Business Name
Contact Nam e
Addres s
City, State and Zip Cod e
Phone No .
Fax No .
Business Name
Contact Nam e
Addres s
City, State and Zip Cod e
Phone No .
Fax No .
Business Name
Contact Nam e
Addres s
City, State and Zip Cod e
Phone No .
Fax No .
Business Name
Contact Nam e
Addres s
City, State and Zip Cod e
Phone No .
Fax No .
Business Name
Contact Nam e
Addres s
City, State and Zip Cod e
Phone No .
Fax No .
Business Name
Contact Nam e
Addres s
City, State and Zip Cod e
Phone No .
Fax No .
t NOTE: Not to be included with Bidder's Package when mailed or hande d
out This should be included and referenced as an attachment to th e
Council Agenda Report or CAO Report
C2-44