HomeMy WebLinkAboutItem 6e. Authorization to advertise RFQ for On-Call Construction Management Services for Water and Wastewater Item 6e
Department: Utilities
Cost Center: 6001 and 6101
For Agenda of: 6/18/2024
Placement: Consent
Estimated Time: N/A
FROM: Aaron Floyd, Utilities Director
Prepared By: Miguel Barcenas, Deputy Director – Engineering and Planning
Shawna Scott, Special Projects Manager
SUBJECT: AUTHORIZATION TO ADVERTISE A REQUEST FOR QUALIFICATIONS
FOR ON-CALL CONSTRUCTION MANAGEMENT SERVICES, W ATER
AND WASTEWATER
RECOMMENDATION
1. Authorize the advertisement of Requests for Qualifications (RFQ) to establish an on -
call consultant agreement for construction management services for water and
wastewater projects; and
2. Authorize the City Manager to execute on-call agreements with selected consulting
firms; and
3. Authorize the Utilities Deputy Director of Engineering and Planning to amend or
extend on-call agreements for services in accordance with its terms and within the
available annual budget.
POLICY CONTEXT
On-call services is a best practices approach to efficient project delivery and is consistent
with San Luis Obispo Municipal Code Section 3.24.070(C) (Authority to Hire Consultants).
Section 3.24.070 provides that bidding procedures do not apply to contracts involving
acquisition of professional or specialized services, and selection of such services can be
made from an approved list of on-call consultants that is established by a formal request
for qualifications (RFQ) process. The section further provides that on -call consultant lists
shall be renewed at least every five years by a new RFQ process.
DISCUSSION
Background
The City’s Capital Improvement Plan (CIP) implements Council priorities by including
projects that build, maintain, and improve infrastructure. The CIP includes a mix of
projects designed and managed exclusively by City staff as well as projects that use
consultant services, including services provided by on-call consultants. This on-call
service approach has been used successfully for many years, starting with survey
services in 1998 and, in 2007, expanding to engineering, architecture, and other
disciplines. The City’s CIP projects vary in size, and the RFQs generally draw local
consulting firms familiar with the types of projects the City implements.
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Item 6e
While the Public Works Department maintains on-call agreements with construction
management firms and manages CIP projects, the Utilities Department also manages
and implements a variety of water and wastewater projects. The purpose of this separate
RFQ process is to establish on-call agreements with construction management firms that
have specialized or similar experience with water treatment and distribution, and
wastewater collections and treatment projects. The City Utilities Department has utilized
construction management services for projects including but not limited to the Water
Resource Recovery Facility (WRRF) Upgrade and Calle Joaquin Lift Station project,
enabling the Department to complete project delivery expectations while providing project
management oversight over numerous water and wastewater projects.
Request for Qualifications Selection and Contract Management
The RFQ model is used to identify the skill set of the consultants submitting qualifications.
RFQs enable City staff to determine how those qualifications align with future City
projects. This is different from the project-specific Request for Proposals (RFP) model.
After evaluating the RFQ submittal packages, the top consultants will be selected to enter
into an agreement with the City. Consultant selection is based on their demonstrated
ability to provide the services proposed in a timely manner with qualified staff. Once the
selected consultants enter into an agreement with the City, their services on an individual
project are implemented rapidly, without the need for an individual RFP. Staff have the
ability to, and often will, solicit project specific proposals from various consultants to
ensure cost control. This also allows the City to address emergency work or unanticipated
circumstances in an efficient manner. The competitive qualification process for these
services positions the City to be able to submit claims for emergency work under the
rationale that base services and costs were competitively qualified and selected prior to
the emergency.
The selected consultant firms will remain on contract for four years, with the option to
extend the contract one additional year. The consultants will operate under the conditions
of the agreement included in the RFQ (Attachment A). The City’s Project Manager will
work with the consultant to determine the final cost for the services, which are determined
by the consultant’s scope of work and hourly rates for construction management services.
The specific project work will then be authorized via a Purchase Order through the
Finance Department.
Public Engagement
The RFQ will be advertised to the public. Specific public engagement will occur for each
specific project as needed and will conform to the City’s adopted Public Engagement
Manual.
CONCURRENCE
The City Attorney’s office agrees to the form of the RFQ.
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Item 6e
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to the recommended
action in this report because advertisement of a request for qualifications and
establishment of on-call agreements with qualified construction management firms does
not constitute a “Project” under State CEQA Guidelines Section 15378.
FISCAL IMPACT
Budgeted: N/A Budget Year: N/A
Funding Identified: N/A
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund N/A
State
Federal
Fees
Other:
Total
There is no fiscal impact associated with establishing on-call service contracts with
consultants because no specific funds are obligated or earmarked under these contracts.
After the agreements are executed by the City Manager, scoping meetings and Purchase
Order issuance will follow obligating funding amounts and sources. W ork will be billed to
individual project accounts, within the authorized and appropriated project budgets.
ALTERNATIVES
Individual Project RFPs. Council can direct staff to proceed in the manner of issuing
RFPs for construction management services for each individual project in the process
outlined by the City’s Purchasing Guidelines. In this case, a company with greater
experience in the specific work might be attracted; however, this process is very time
consuming and increases the work required for an individual project, reducing overall
project production. Staff does not recommend this approach because it increases the time
to implement individual contracts, while providing minimal benefit.
ATTACHMENTS
A - Draft Request for Qualifications for On-call Construction Management Services,
Water and Wastewater
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UTILITIES DEPARTMENT
DRAFT
Notice Requesting Qualifications
On-Call Construction Management Services, Water and Wastewater
Specification No. XXXX.2024.CM
June 2024
The City of San Luis Obispo is requesting sealed proposals from interested consultants to provide Construction
Management Services required for City Water and Wastewater projects pursuant to Specification No.
XXXX.2024.CM. The City proposes to select several qualified consultants to perform these services on an as-needed
basis for specific individual projects for a contract term of four years.
Description of Services:
In general, required services shall consist of various construction management services related to the City’s Utility
Department Capital Improvement Plan or other City Public Utility projects to ensure projects are constructed in
accordance with the contract documents and City requirements.
Qualification Submittal Deadline:
All firms interested in receiving further correspondence regarding this Request for Qualifications will be required to
complete a free registration using Bidsync (https://www.bidsync.com/bidsync-cas/). All qualifications packages must
be received via Bidsync at or before 2:00 PM on August 1, 2024.
Submittals received after said time will not be considered. Proposals shall be submitted using the forms provided in
the specification package.
Obtaining a Specification Package
Download from the City’s Web site www.slocity.org - Doing Business / Bids & Proposals page.
A list of companies that have viewed the Request for Qualifications is provided on the BidSync Portal.
Questions
Contact Miguel Barcenas at (805) 781-7507 or mbarcena@slocity.org with any questions regarding this Request for
Qualifications.
Disadvantaged Business Participation
DBE and other small businesses as defined in Title 49 CFR 26, are encouraged to participate in the performance of
agreements financed in whole or in part with federal funds.
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Specification No. XXXX.2024.CM
TABLE OF CONTENTS
SECTION A: DESCRIPTION OF WORK ...................................................................................................................... 3
SECTION B: GENERAL TERMS AND CONDITIONS ................................................................................................. 7
SECTION C: PROPOSAL CONTENT AND SELECTION PROCESS ......................................................................... 9
PROPOSAL CONTENT ........................................................................................................................................... 9
PROPOSAL EVALUATION AND CONSULTANT SELECTION .............................................................................. 9
SECTION D: PROPOSAL SUBMITTAL FORMS ....................................................................................................... 11
ACKNOWLEDGEMENT ......................................................................................................................................... 11
INSURANCE CERTIFICATE .................................................................................................................................. 11
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS ............................................................................... 12
REFERENCES ....................................................................................................................................................... 12
SECTION E: INSURANCE REQUIREMENTS: Consultant Services ......................................................................... 14
SECTION F: FORM OF AGREEMENT ...................................................................................................................... 15
SECTION G: APPENDICES ....................................................................................................................................... 23
Appendix 1: Federally Funded Contract Forms ...................................................................................................... 23
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SECTION A: DESCRIPTION OF WORK
The City is looking for consultants interested in working with the City’s Public Utilities Planning and Engineering staff
to manage Capital Improvement Plan projects during construction.
Background
This Request for Qualification (RFQ) is to develop a four-year agreement with qualified consultants to provide
construction management and other related services for the City Public Utilities Department’s Capital Improvement
Plan (CIP). In recent years, construction management has been performed by a combination of City Engineering staff
and/or outside consultants depending on the number of projects entering construction at a given time.
The City is requesting qualifications from Construction Management consultants to provide inspection services.
Agreements will be executed with the top ranked consults. These consultants will be used to complete Construction
Management work associated with current and future Capital Improvement Plans for sewer and water projects.
These consultants will be used to complete construction management work associated with the City Public Utilities
Department’s Capital Improvement Plan projects.
Goals/Expectations for Construction Management:
• Effectively manage the construction of the City’s CIP projects.
• Maintain open communication between consultant staff and City staff during all phases of the project.
• Preserve the integrity of the design and concept of the project.
• Ensure the project is constructed to the highest quality in compliance with Contract Documents.
• Minimize exposure to claims and litigation.
• Manage the cost of Capital Improvement Plan projects and stay within approved budgets.
Workscope – Construction Management (CM):
The City is looking for consultants who specialize in construction management of public projects. Construction
Management firms without public project experience will still be considered.
Consultants should expect to perform a variety of construction management and inspection services necessary to
properly manage construction contracts and to ensure projects are built per contract requirements. Experience with
water and wastewater treatment facilities is preferred, but not required.
Project work is generally not full time. Services must be available on a part time basis.
City staff will be responsible for advertising construction projects, answering all questions and issuing addenda as
needed during the bid process, collecting and opening bids, and awarding construction contracts.
Typical project services will generally be as follows and may be amended by the City at any time:
Design Phase:
1. Provide design staff with constructability reviews of draft plans and specifications.
CM Responsibilities Prior to Construction:
1. Review project plans and contract documents.
2. Review questions with City’s project manager and project engineer/architect.
3. Review pay quantities for awareness.
4. Review insurance and bonding requirements to ensure the contractor’s compliance.
5. Review status of permits and approvals that will be needed on the project prior to start of work.
6. Prepare and maintain Project Manual, using a cloud-based software with the following information:
- Contacts
- Encroachment Permit
- Special Provisions
- Bid Items
- Pre-construction (Include following items under this tab:)
• Notice to Proceed and Notice of Pre-Construction (PRECON) Conference (City to provide copy)
• PRECON Sign In Sheet
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• PRECON Agenda
• PRECON Meeting Minutes
• List of Subcontractors
• Form DAS 13 (City to provide copy)
• Equipment List (PRECON Submittal)
- Emergency Contacts (PRECON Submittal)
- Schedule (PRECON Submittal)
- Daily Records
- RFI (Request for Information)
- CRB (Cost Request Bulletins)
- Work Change Directives (WCD)
- Claims
- Correspondence
- Notifications
- Submittals
- Maintenance of Plant Operation (MOPO)
- Start-up and Commissioning plans
- Extra Work Tickets
- Change Orders
- Working Days (City to Provide Calendar – annotate following)
• Rain Day
• Contract Day – No Work
• Contract Day
• Holiday
- Material Tickets
- Testing
- Certified Payroll
- Maintenance and Operation Manuals
- Spare part tracker
- Warranty deficiencies
- Punch List
- Traffic Control
- Recommendation for Acceptance
7. Become familiar with applicable standard specifications, standard drawings and details.
8. Note critical items and unusual conditions.
9. Walk the project site and photograph or video the work area and site conditions prior to construction.
10. Verify coordination needed for city crews and outside utility companies.
11. Meet with staff prior to pre-construction conference.
12. Evaluate potential environmental impacts and mitigation measures.
13. Update compliance with Mitigation Monitoring and Reporting Program (MMRP).
14. Update compliance with Stormwater Pollution Prevention Plan and dewatering requirements.
Pre-Construction Conference:
1. City staff will schedule the meeting; invite contractor, consultant, affected City staff, utility companies and
regulating agencies.
2. The pre-construction meeting will be conducted by consultant staff and held in a City building. City staff
assigned to the project will attend to answer any unusual questions.
3. The CM firm conducting the meeting must understand that the pre-construction conference sets the tone for
the project. It is the contractor’s first impression of the City/ Consultant staff and how we operate. Be on time,
professional, organized, knowledgeable of the project, and convey any special requirements or concerns.
a. Provide a sign in sheet for all attendees.
b. Keep meeting minutes that show subjects discussed, directions given, and responses received.
c. Document items submitted by the contractor such as: the emergency response sheet, schedule,
submittals and other items of importance.
d. Confirm the authority and responsibility of all parties involved.
e. Verify the start date of construction.
f. Address the concerns and needs of affected utility companies.
g. Discuss unusual working conditions and permit requirements.
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h. Verify that the contractor will give proper notification to the residents and businesses of the start date of
construction and what kind of work is being performed.
i. Discuss liquidated damages.
j. Discuss potential challenges related to site logistics and access during construction.
After Pre-Construction Conference:
1. Review progress schedules submitted by the contractor and accept when satisfactory.
2. Log and review submittals and shop drawings as needed. Route submittals as needed for project
engineer/architect’s approval. Do not exceed the turnaround time.
3. Document any approved changes to the scheduled start date with a change order for City execution.
4. Disburse pre-construction meeting minutes.
5. Conduct regular site visits to monitor and document site conditions and potential risks.
During Construction:
1. Inspect and perform construction management services to ensure the project is built as designed and
specified.
2. Log and route requests for information (RFIs).
3. Prepare and route Draft Change Orders as required.
4. Prepare correspondence necessary to maintain control over the construction contract.
5. Coordinate materials testing for project with approved testing laboratories.
6. Notify City contact at any point in the project when a dispute arises, an unknown condition is discovered or
at any time the contractor believes extra work / change order work is warranted.
7. Daily: document manpower, equipment and materials used on site, separate activities, hours and resources
by pay item. Document Inspector arrival/departure time from site.
8. Notify contractor of any unacceptable condition or workmanship. Do not vary from the project specifications
or design without the authority or approval of the engineer. Document the approved change.
9. Document any conversations that could be significant in the event a claim or dispute.
10. Check site safety and signing.
11. Check for public safety and compliance to the approved traffic control plan.
12. Respond to basic public inquires. Refer more complicated inquires to appropriate City staff.
13. Verify stormwater controls are in place and in good condition.
14. Verify layout, operations and intent of work with the contractor.
15. Examine all material to be used for contract compliance and if rejected have it removed from the job.
Document findings. Follow City Quality Assurance Program guidelines and tracking sheets.
16. Review schedules and specifications for upcoming work.
17. Be alert to changes in the character of work and site conditions.
18. Document any delays including the cause and time of day.
19. Complete a weekly statement of working days. Keep current and give a copy to the contractor.
20. Document the approved Force Account work on the appropriate forms daily.
21. Maintain records of disputed work
a. Maintain a daily diary of craft of workers, equipment, operations and hours spent on each item.
b. Obtain agreement and sign off of job supervisor of the documented operation performed with written
reservation to the validity of the claim.
c. Review the plans and specifications for legitimacy of contractors claim.
d. Discuss with construction manager to minimize impacts if the City is liable.
e. Note statements of concern made by the contractor in your diary.
f. Conduct an ongoing evaluation of operations and materials used.
22. Maintain open communication with the contractor.
23. Note your approval or rejection of material and work.
24. Conduct periodic meetings with contractor and interested parties as is appropriate or as required by project
specifications.
25. Review certified payroll forms for compliance with State and Federal regulations governing the payment of
prevailing wages.
26. Monitor the subcontractors used on the project for compliance with the contractors listing requirements. Do
not allow substitution of subcontractors unless proper procedures are followed.
27. Notify City contact if the contractor is in non-compliance with prevailing wage requirements and use of
subcontractors on the project.
28. On federally financed contracts constantly monitor for compliance of federal wage requirements, Poster
boards, DBE requirements and EEO notifications.
29. Review project progress, proposed change orders and notification to the project with the design engineer.
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30. Monitor and notify the contractor if he is not meeting his schedule.
31. Always stay ahead of the contractor by reading plans and specifications.
32. On a daily basis, maintain a set of Record Drawings.
33. At the end of each month assist the City with Pay Estimates:
a. Measure all work performed during the month, using the pay items.
b. Provide any back up documentation such as tonnage slips.
34. Monitor and document compliance with environmental permits and regulations.
Construction Close Out:
1. Review project for acceptance of workmanship and materials.
2. Review site with the design project manager for acceptance.
3. Compile a punch list of deficiencies.
4. Notify the contractor and re-inspect when the contractor is ready. Working days are in effect until all contract
items are complete.
5. Collect and file or distribute maintenance manuals and operating instructions of equipment installed as it
applies to the project specifications.
6. Assist with scheduling the training for City maintenance staff if training is required in the project specifications.
7. Compile and review record drawings, make changes or have changes made as required.
8. Draft and Submit Recommendation for Acceptance to City following Project Completion.
9. Within 2 weeks of project completion, prepare and chair a post construction meeting with the design engineer
and staff involved with the project to discuss the pros and cons. Prepare a complete critique of the project
for the meeting.
10. Verify the completion of all environmental mitigation measures and obtain necessary clearances.
Project Close Out:
1. Complete project close out and turn all records over to the City within 2 weeks. The City field staff assigned
to the project will confirm the accuracy and pass them on to the designer.
Agreement Management:
The selected consultant will be expected to assign a single point person who understands the overall agreement and
can manage work efforts associated with it.
Consultant shall meet with project manager to discuss project in order to develop a project workscope and cost
proposal. The City will evaluate the proposal upon receipt and negotiate workscope further as needed. The
consultant will receive a Purchase Order after the project work scope and cost proposal has been accepted, signaling
the start of the project work.
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SECTION B: GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (Consultant) shall meet all
of the terms, and conditions of the Request for Qualifications (RFQ) specifications package. By virtue of its
proposal submittal, the Consultant acknowledges agreement with and acceptance of all provisions of the RFQ
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 must be
received via Bidsync by the City Public Utilities Department at or before 2:00 PM on August 1, 2024. No hard
copy or FAX submittals will be accepted.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the Consultant’s insurance coverage
during proposal evaluation; as discussed under paragraph 13 below, endorsements are not required until
contract award. Consultant acknowledges that, should the City award Consultant a contract for services,
Consultant must agree to and comply with the City’s insurance requirements. The City’s insurance
requirements are detailed in Section E.
4. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form
provided in the RFQ package.
5. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past
government disqualifications on the form provided in the RFQ 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 Public Utilities Deputy
Director of Engineering and Planning for its withdrawal, in which event the proposal will not be opened. No
proposal received after the time specified or at any place other than that stated in the "Notice Requesting
Qualifications" will be considered. All proposals will be opened and declared publicly. Consultants or their
representatives are invited to be present at the opening of the proposals.
7. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file,
or to be interested in more than one proposal, except an alternative proposal when specifically requested;
however, an individual or business entity that has submitted a sub-proposal to a Consultant submitting a
proposal, or who has quoted prices on materials to such Consultant, is not thereby disqualified from submitting
a sub-proposal or from quoting prices to other Consultants submitting proposals.
8. Communications. All timely requests for information submitted in writing via Bidsync will receive a written
response from the City, and will be posted on Bidsync. Telephone communications with City staff are not
encouraged, but will be permitted. However, any such oral communication shall not be binding on the City.
9. Alternative Proposals. When specifically requested, the proposer may submit an alternative proposal (or
proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the
proposer must provide an analysis of the advantages and disadvantages of each of the alternatives, and
discuss under what circumstances the City would prefer one alternative to the other(s). If an alternative
proposal is submitted, the maximum length of the proposal may be expanded proportionately by the number of
alternatives submitted.
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CONTRACT AWARD AND EXECUTION
10. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for
examination and comparison. The City also reserves the right to waive non substantial irregularities in any
proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to
the extent that proposals are qualified by specific limitations. See the "Special Terms and Conditions" in
Section C of these specifications for proposal evaluation and contract award criteria.
11. Competency and Responsibility of Consultant. The City reserves full discretion to determine the
competence and responsibility, professionally and/or financially, of Consultants. Consultants will provide, in a
timely manner, all information that the City deems necessary to make such a decision.
12. Contract Requirement. The Consultant to whom award is made (Consultant) shall execute a written contract
with the City within ten (10) calendar days after notice of the award has been sent by e-mail to it at the address
given in its proposal. The Consultant expressly acknowledges and agrees that the contract shall be made in
the form adopted by the City and incorporated in these specifications as Section F.
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 & Tax. The Consultant must have a valid City of San Luis Obispo business license and tax
certificate before execution of the contract. Additional information regarding the City's business license and tax
program may be obtained by calling (805) 781-7134.
15. Failure to Accept Contract. The following will occur if the Consultant to whom the award is made
(Consultant) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in
accordance with the special terms and conditions if a Consultant's bond or security is required; and an award
may be made to the next highest ranked Consultant with whom a responsible compensation is negotiated, who
shall fulfill every stipulation as if it were the party to whom the first award was made.
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SECTION C: PROPOSAL CONTENT AND SELECTION PROCESS
PROPOSAL CONTENT
1. Submittal Forms
a. Acknowledgement
b. Certificate of Insurance
c. References
d. Statement of Past Disqualifications
2. Qualifications
a. Experience in Construction management for public agencies, coupled with any additional qualifications or
specialties that uniquely position your team to effectively contribute to the success of City Water and
Wastewater projects.
b. Experience of the staff to be assigned to this work in performing similar services.
c. Redundancy in the company of staff experienced in this type of work.
d. Resumes of the individuals who would be assigned to this project, including any known sub-consultants.
e. Proximity and staffing levels of the nearest company office.
f. Statement and explanation of any instances where your firm has been removed from a project or disqualified
from proposing on a project.
g. Standard hourly billing rates for consultant and sub-consultant staff.
h. Detailed list of standard services available directly from the company.
3. Work Program
a. Description of your approach to completing the work
b. Services or data anticipated to be provided by the City.
c. Any other information that would assist us in making this contract award decision.
4. Proposal Length and Copies
a. Proposals should be the minimum length to provide the required information. Charts and other short form
approaches to conveying information are encouraged.
b. Proposal documents must be received via Bidsync. No hard copy or FAX submittals will be accepted.
PROPOSAL EVALUATION AND CONSULTANT SELECTION
Qualification proposals will be evaluated by a review committee and contract award process as follows:
5. Written Proposal Review/Finalist Candidate Selection
Evaluation of the qualification proposals will be based on the following qualifications:
1. Understanding of the work involved in Construction Management work.
2. Demonstrated competence, professional qualifications of proposed staff.
3. Recent experience in successfully performing similar services.
4. Ability to respond quickly to work requests.
Qualification proposals will be reviewed by a selection committee and ranked in accordance with the above
criteria. Where one or more qualification proposals are rated consistently higher than others, the consultants
may be selected as the top ranked consultants for purposes of contract negotiation.
Alternatively, a group of finalist candidates (generally the top 3 to 5 five proposers) may be selected for follow-
up interviews and presentations, or requests for additional clarifying information, before the final top point-system
ranked consultants for contract negotiation are determined.
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6. Proposal Review and Award Schedule (DRAFT)
The following is an outline of the anticipated schedule for proposal review and contract award:
Issue RFQ ........................................................ June 20, 2024
Receive qualification proposals ....................... August 1, 2024
Complete proposal evaluation ....................... August 22, 2024
Award contract .......................................... September 5, 2024
Execute contract ..................................... September 19, 2024
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SECTION D: PROPOSAL SUBMITTAL FORMS
ACKNOWLEDGEMENT
The undersigned declares that she, he, or they:
Has carefully examined Specification No. XXXX.2024.CM.
Is thoroughly familiar with its content.
Is authorized to represent the proposing firm; and
Agrees to perform the work as set forth in the specification and this proposal.
The undersigned further acknowledges that the proposal and all other material submitted in response to this RFQ
may be subject to public disclosure as required by law.
Firm Name and Address:
Contact Name:
Email:
Fax: Phone:
Signature of Authorized Representative:
Date:
INSURANCE CERTIFICATE
Insurance Company’s A.M. Best Rating
Certificate of insurance attached
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STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The Consultant shall state whether it or any of its officers or employees who have a proprietary interest in it, has
ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local
government project because of the violation of law, a safety regulation, or for any other reason, including but not
limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the
circumstances.
Do you have any disqualification as described in the above paragraph to declare? Yes No
If yes, explain the circumstances.
Executed on ______________________at _______________________________________ under penalty of
perjury of the laws of the State of California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Consultant Representative
REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under the
present business name: _________
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services
included with the scope of the specifications. Attach additional pages if required. The City reserves the right to
contact each of the references listed for additional information regarding your firm's qualifications.
Reference No. 1
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
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Reference No. 2
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
Reference No. 3
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
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SECTION E: INSURANCE REQUIREMENTS: Consultant Services
The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work hereunder
by the Consultant, its agents, representatives, employees or sub-consultants.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 20 10 Prior to 1993 or
CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as determined by the City).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate
limit shall apply separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and
approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed
to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Consultant; products and completed operations
of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired
or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, official, employees, agents or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the
Consultant's insurance and shall not contribute with it.
3. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended,
voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the City. The Consultant agrees to notify
the City in the event that the policy is suspended, voided or reduced in coverage or limits. A minimum of 30
days prior written notice by certified mail, return receipt requested, will be provided.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A:VII.
Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of
the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage
required by this clause must also be provided. The endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work
commences.
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SECTION F: FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on _____________ by and
between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and
[CONSULTANT’S NAME IN CAPITAL LETTERS], hereinafter referred to as Consultant.
W I T N E S S E T H
WHEREAS, on [DATE], requested proposals for Civil Engineering Design Services per Specification No.
5009.2024.CM.
WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted by City for said
services.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter
contained, the parties hereto agree as follows:
1. Contract Term for On-Call Service Contracts. The term of this agreement shall be from the date this
Agreement is made and entered, as first written above. Services identified in this specification will be contracted
by the City for four years. Actual work may extend beyond the final date.
2. Cost Increases for On-Call Service Contracts and Contract Extension. Labor rates during the contract term
may be increased on an annual basis to reflect projected increases in labor costs and overhead provided those
increases are incorporated into the Consultant’s Proposal, which is incorporated into this agreement by reference.
The term of the contract may be extended by mutual consent for an additional year. During this extended period,
labor rates may be increased to reflect increased labor rates and overhead provided the City is notified and those
increases are incorporated into the extension.
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 for Cause. If, during the term of the contract, the City determines that the Consultant is not faithfully
abiding by any term or condition contained herein, the City may notify the Consultant in writing of such defect or
failure to perform. This notice must give the Consultant a 10 (ten) calendar day notice of time thereafter in which
to perform said work or cure the deficiency.
If the Consultant has not performed the work or cured the deficiency within the ten days specified in the notice,
such shall constitute a breach of the contract and the City may terminate the contract immediately by written
notice to the Consultant to said effect. Thereafter, neither party shall have any further duties, obligations,
responsibilities, or rights under the contract except, however, any and all obligations of the Consultant's surety
shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the
termination thereof.
In said event, the Consultant shall be entitled to the reasonable value of its services performed from the beginning
date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from
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
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performed or provided by the Consultant shall be based solely on the City's assessment of the value of the work-
in-progress in completing the overall workscope.
The City reserves the right to delay any such payment until completion or confirmed abandonment of the project,
as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no
event, however, shall the Consultant be entitled to receive in excess of the compensation quoted in its proposal.
5. Termination for Convenience. The City also reserves the right to terminate the contract for convenience,
providing a 30 (thirty) calendar day notice, at any time upon a determination by the Director that termination of
the contract is in the best interest of the City. Upon termination notice from the City, Consultant must, unless
otherwise directed, cease work and follow the City’s directions as to work in progress and finished goods. For
termination of any services pursuant to this Agreement, the City’s liability will be the lesser of a reasonable
price for the services rendered prior to termination.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. Conflict of Interest. The Consultant shall disclose any financial, business, or other relationship with the City
that may have an impact upon the outcome of this contract, or any ensuing City construction project. The
Consultant shall also list current clients who may have a financial interest in the outcome of this contract, or any
ensuing City construction project which will follow. The Consultant staff shall provide a Conflict of Interest
Statement where determined necessary by the City.
The Consultant covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or
otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The
Consultant further covenants that, in the performance of this work, no sub-consultant or person having such an
interest shall be employed. The Consultant certifies that no one who has or will have any financial interest in
performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance
of the work hereunder, the Consultant shall at all times be deemed an independent Consultant and not an agent
or employee of the City.
12. 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
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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.
13. 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.
14. 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.
15. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Consultant is
required to pay within the scope of Consultant’s performance of the contracted services.
16. Permits, Licenses and Filing Fees. The Consultant shall procure all permits and licenses, pay all charges and
fees, and file all notices as they pertain to the completion of the Consultant’s work. The City will pay all application
fees for permits required for the completion of the project including building and regulatory permit application
fees. Consultant will provide a 10 day notice for the City to issue a check.
17. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established
by OSHA and the California Division of Industrial Safety.
18. 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.
19. 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.
20. 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.
21. 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.
22. Accuracy of Specifications. The specifications for this project are believed by the City to be accurate and to
contain no affirmative misrepresentation or any concealment of fact. Consultants are cautioned to undertake an
independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its
interpretation of test results contained in the specifications package. In preparing its proposal, the Consultant
and all sub-consultants named in its proposal shall bear sole responsibility for proposal preparation errors
resulting from any misstatements or omissions in the specifications that could easily have been ascertained by
examining either the project site or accurate test data in the City's possession. Although the effect of ambiguities
or defects in the specifications will be as determined by law, any 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
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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.
23. Hold Harmless and Indemnification. To the fullest extent permitted by law (including, but not limited to
California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the
City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against
any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal
counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s
failure to perform its obligations under this Agreement or out of the operations conducted by Consultant,
including the City’s passive negligence, except for such loss or damage arising from the sole or active
negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action,
lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the
Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City
Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.
The review, acceptance or approval of the Consultant’s work or work product by any indemnified party shall
not affect, relieve or reduce the Consultant’s indemnification or defense obligations. This Section survives
completion of the services or the termination of this contract. The provisions of this Section are not limited by
and do not affect the provisions of this contract relating to insurance.
24. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from
other consultants during the contract term.
25. Standards. Documents shall conform to City Standards and City furnished templates shall be used.
26. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and signed by the
Consultant where required.
27. Required Deliverable Products and Revisions. The Consultant will be required to provide documents
addressing all elements of the workscope. Plans shall be prepared using City’s standardized title blocks and
coversheets. Draft plans may be submitted for review using either the full 24x36, 22x34, or a reduced 11x17
format. Consultant shall ensure that drawings and notes are clearly legible if using the reduced format.
Specifications and bid documents shall conform to standard City formats unless authorized. The City’s current
Standard Specifications and Engineering Standards must be incorporated where applicable.
City staff will review any documents or materials provided by the 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.
2 copies of the draft preliminary reports, technical studies and 50% plans and estimate
1 copy of the final preliminary reports, technical studies plus markups
3 copies of the 90% plans, specifications and estimate plus 50% markups
1 copy of the 100% plans, specifications and estimate plus 90% markups
1 copy of the final plans, specifications and estimates plus 100% markups
1 copy of the final record drawings after construction
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Draft reports and plan submittals shall be submitted as paper copies.
Final documents shall be submitted as camera-ready original, unbound, each page printed on only one side,
including any original graphics in place and scaled to size, ready for reproduction AND one electronic copy
submitted in Adobe Acrobat format including all original stamps and signatures.
In the event the City will be compiling the final specifications, incorporating the Consultant’s work, the final
specifications will also be required to be submitted in Microsoft Word format.
In the event the City will be completing the Record Drawings, the final plans will also be required to be submitted
in AutoCAD.
Electronic files shall be submitted on 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.
28. Ownership of Materials. Upon completion of all work under this contract, ownership and title to all reports,
documents, plans (including PDFs and AutoCAD files), 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.
29. 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.
30. 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.
31. Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is
attendance by the Consultant at up to 1 public meeting to present and discuss its findings and recommendations.
Consultant shall attend as many "working" meetings with staff as necessary in performing workscope tasks.
32. Requests for Review. The Consultant shall respond to all requests for submittal review or contractor RFI’s
within two weeks of receipt of the information from the City.
33. Project Proposal Submittal. Upon completion of the project scoping meeting, the Consultant shall submit a
proposed workscope, compensation and schedule within 10 working days. The cost proposal shall include all
costs including miscellaneous direct cost items.
34. Consultant Invoices. The Consultant shall deliver a monthly invoice to the City, itemized by project work phase
or, in the case of on-call contracts, by project title. Invoice must include a breakdown of hours billed and
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miscellaneous charges and any sub-consultant invoices, similarly broken down, as supporting detail. For
purposes of City fiscal year auditing, invoices for work through June 30th of any year must be delivered to the
City by the second full week of July. If the June invoice is not received, the consult must combine work completed
in June and July into one July invoice for payment.
35. Payment. For providing services as specified in this Agreement, City will pay and Consultant shall receive
therefore compensation in a total sum not to exceed the individual agreed upon project fee. Should the
Consultant’s designs, drawings or specifications contain errors or deficiencies, the Consultant shall be required
to correct them at no increase in cost to the City.
For on-call services, the City will pay and the Consultant shall receive compensation as agreed to on a project
by project basis.
The Consultant shall be reimbursed for hours worked at the hourly rates set forth in Consultant’s proposal
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.
36. Payment Terms. The City's payment terms are 30 days from the receipt and approval by the City of an original
invoice and acceptance by the City of the materials, supplies, equipment or services provided by the Consultant
(Net 30).
37. 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 Finance Director. 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.
38. Disadvantaged Business Enterprise (DBE) Use for Federally Funded Projects. This agreement is subject
to Title 49, Part 26 Code of Federal Regulations entitled “Participation by Disadvantaged Business Enterprises
in Department of Transportation Financial Assistance Programs” when project work is for a federally funded
project. In order to ensure the State Department of Transportation achieves its federally mandated statewide
overall DBE goal, the City encourages the participation of DBEs as defined in 49 CFR 26 in the performance of
this agreement. The City will make a determination on a project by project basis for reasonably expected DBE
participation to compete for the sub-consulting opportunities in this agreement. The Consultant is responsible to
be fully informed regarding the requirements of 49 CFR, Part 26.
The Consultant shall notify the City of any changes to its anticipated DBE participation on federally funded
projects, maintain records of DBE usage and complete and submit to the City the final report of DBE utilization
prior to receiving final payment. Records shall show the name and business address of each DBE and the total
dollar amount actually paid to each.
The Consultant shall pay all sub-consultants within 10 calendar days from receipt of each payment made to the
Consultant by the City.
The Consultant shall carry out applicable requirements of Title 49 CFR 26 in the award and administration of US
DOT assisted agreements. Failure by the Consultant to carry out these requirements 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.
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39. Agreement Parties.
City: Miguel Barcenas
City of San Luis Obispo
879 Morro Street
San Luis Obispo, CA 93401
Consultant:
All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or
certified mail addressed as shown above.
40. Incorporation by Reference. City Request for Qualifications Specification No. XXXX.2024.CM and
Consultant's proposal dated August 1, 2024, is attached to and made a part of this Agreement. Should there be
any conflict between terms set forth in the City Request for Qualifications Specification No. XXXX.2024.CM and
Consultant’s proposal dated August 1, 2024, the terms in this agreement and City Request for Qualifications
Specification No. XXXX.2024.CM will govern.
41. Amendments. Any amendment, modification or variation from the terms of this Agreement shall be in writing
and shall be effective only upon approval by the City Engineer.
42. Working Out of Scope. If, at any time during the project, the consultant is directed to do work by persons other
than the City Project Manager and the Consultant believes that the work is outside of the scope of the original
contract, the Consultant shall inform the Project Manager immediately. If the Project Manager and Consultant
both agree that the work is outside of the project scope and is necessary to the successful completion of the
project, then a fee will be established for such work based on Consultant's hourly billing rates or a lump sum price
agreed upon between the City and the Consultant. Any extra work performed by Consultant without prior written
approval from the City Project Manager shall be at Consultant's own expense.
43. Complete Agreement. This written agreement, including all writings specifically incorporated herein by
reference, shall constitute the complete agreement between the parties hereto. No oral agreement,
understanding or representation not reduced to writing and specifically incorporated herein shall be of any force
or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto.
For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed
by City, Consultant agrees with City to do everything required by this Agreement, the said specification and
incorporated documents.
44. Governing Law. Any action arising out of this Agreement shall be brought in the Superior Court of San Luis
Obispo County, California, regardless of where else venue may lie. The validity, interpretation, construction and
performance of this Agreement, and all acts and transactions pursuant hereto and the rights and obligations of
the Parties hereto shall be governed, construed and interpreted in accordance with the laws of the State of
California, without giving effect to principles of conflicts of law.
45. Authority to Execute Agreement. Both City and Consultant do covenant that each individual executing this
agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such
party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above
written.
CITY OF SAN LUIS OBISPO: CONSULTANT:
___________________________________
Name of Company
___________________________________
Whitney McDonald, Interim City Manager By:
Name of CAO/President
Its: CAO/President
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APPROVED AS TO FORM:
___________________________________
Christine Dietrick, City Attorney
(2nd signature required if Corporation):
________________________________
By:
Name of Corporate Officer
Its: ____________________
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SECTION G: APPENDICES
Appendix 1: Federally Funded Contract Forms
Caltrans Local Assistance Procedures Manual requires the Consultant and the City to complete reporting forms for
Federally Funded Contracts on a project-by-project basis.
At the time of federal project initiation, the Consultant will be required to furnish information to the City in order for the
City to complete the require Local Agency Forms. The Consultant must complete and furnish to the City the forms
required to be completed by the Consultant prior to the issuance of the project Purchase Order.
Local Assistance Procedures Manual forms may be obtained from the Caltrans website:
http://www.dot.ca.gov/hq/LocalPrograms/lam/forms/lapmforms.htm .
Required forms include:
1. Exhibit 10-A: A&E Consultant Audit Request Letter and Checklist
2. Exhibit 10-B: Suggested Consultant Evaluation Sheet
3. Exhibit 10-C: Consultant Contract Reviewers Checklist
4. Exhibit 10-H: Sample Cost Proposal
5. Exhibit 10-I: Notice to Proposers DBE Information
6. Exhibit 10-K: Consultant Certification of Costs and Financial Management System
7. Exhibit 10-O1: Consultant Proposal DBE Commitment
8. Exhibit 10-O2: Consultant Contract DBE Information (Word version)
9. Exhibit 10-Q: Disclosure of Lobbying Activities
10. Exhibit 10-R: A&E Sample Contract Language
11. Exhibit 10-S: Consultant Performance Evaluation
12. Exhibit 10-T: Panel Member Conflict of Interest & Confidentiality Statement
13. Exhibit 10-U: Consultant in Management Position Conflict of Interest Statement
14. Exhibit 17-F: Final Utilization Report (to be completed at Project Completion)
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