HomeMy WebLinkAboutItem 6e. Approve release of a Request for Qualifications for audio-visual services6e Item 6e
Department: Information Technology
Cost Center: 1101
For Agenda of: 1/13/2026
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Josh Erquiaga, IT Manager
SUBJECT: APPROVE RELEASE OF A REQUEST FOR QUALIFICATIONS FOR
AUDIO-VISUAL SERVICES
RECOMMENDATION
1. Approve the release of a Request for Qualifications (RFQ) to establish a list of
prequalified Audio-Visual (AV) Service vendors following the expiration of the 45-day
notice period in compliance with AB 339 (no earlier than February 5, 2026); and
2. Authorize the Deputy City Manager to execute professional service agreements with
the selected consultants; and
3. Authorize the Finance Director to execute and amend purchase orders for individual
professional service agreements in an amount not-to-exceed the authorized budget.
POLICY CONTEXT
The City’s Purchasing Policy outlines the City’s purchasing process and requires approval
of different purchases (including Professional Services) based on tiers determined by the
purchase type and value. For example, professional services under $10,000 would
require that a purchase requisition be approved by the Fiscal Officer and a purchase order
approved by the Purchasing program in the Finance Department (Tier 1). Likewis e,
professional services estimated at $150,000 or more would require City Council approval
and the issuance of a Request for Proposal (RFP), which would start a formal bidding
process for the work needed (Tier 5). There are other tiers in between that requ ire staff
to obtain quotes from at least 3 businesses or engage in a formal bidding process, which
can take considerable time.
However, if Council approves a Request for Qualifications (RFQ) under Municipal Code
3.24.070-C, the City can create a list of pre-qualified on-call consultants to create greater
operational flexibility than seeking quotes and bids for each and every project. The
purchase orders for individual contracts with on -call consultants cannot exceed the
authorized project budget without the appropriate additional approval given the amount
and project1.
1 Projects would need additional approvals based on the amount of the project and the City’s purchasing
policies should they fall outside of pre-approved project budgets (e.g. CIP budgets approved by Council
as part of the financial plan).
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Item 6e
With that in mind, using the attached RFQ, the City’s Information Technology Manager
will create a prequalified list of on-call consultants that staff would be authorized to work
with based on the on-call agreements, up to allocated budget amounts by project, for the
five-year agreement period.
Effective January 1, 2026, AB 339 will require notice of the City’s intent to enter into
certain contracts that implicate work that could otherwise be within the scope of work of
a represented bargaining group. While AB 339 was not in effect at the time of circulation
of the staff report, and it is arguable whether the relevant services are within the scope of
work of SLOCEA members, staff opted to provide the requisite notice before the effective
date out of an abundance of caution and to afford the potentially affected bargaining group
adequate time to consider the intended contract in advance of the date of C ity Council
consideration and to provide comments if deemed necessary. Notice was provided to
SLOCEA on December 22, 2026, which means that the RFQ can not be released earlier
than February 5, 2026.
DISCUSSION
Background
The City maintains a number of complex audio-visual (AV) systems that support internal
meetings, public meetings, and live broadcasts. These systems are installed in
conference and meeting rooms throughout City facilities, as well as in the Council
Chamber, which serves as the primary venue for broadcasting public meetings. Reliable
and well-functioning AV systems are essential for conducting City business efficiently and
ensuring compliance with public meeting regulations like the Brown Act. Recent changes
to the Brown Act require the City to provide additional hybrid meeting options for public
meetings by July 1, 2026. These new requirements will likely drive additional AV needs.
Due to the complexity of these systems and the specialized skills required to support
them, the City has relied on contractors with expertise in professional AV design,
installation, and maintenance. These contractors assist with troubleshooting, repairs,
upgrades, and integration of new technology to keep systems operating consistently and
in compliance with accessibility and broadcast standards.
To maintain system reliability and support future needs, staff recommend releasing a
Request for Qualifications (RFQ) to identify and prequalify experienced AV service
providers. Establishing a list of qualified contractors will streamline procurement for future
projects and service needs, allowing staff to respond more efficiently to equipment issues,
system updates, or emerging technology requireme nts.
There is a limited pool of skilled AV contractors on the Central Coast. By pre-qualifying
known contractors that are available in the region, staff can work with contractors to get
equipment repaired and/or installed in an expedited fashion.
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Item 6e
Authorizing the release of this RFQ will help ensure the City’s AV infrastructure remains
dependable, current, and capable of supporting both staff operations and public
engagement. Respondents to the RFQ will return proposals with pricing for labor that will
then be in effect for the duration of the qualified list, and equipment is generally purchased
using competitively bid contracts to ensue the City is receiving competitive pricing.
Previous Council or Advisory Body Action
Public Engagement
This item will be before Council during the public session on January 13, 2026. The public
can provide comments at or before the meeting. If approved by City Council, the RFQ will
be advertised to the public and posted in BidSync.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in
this report, because the action does not constitute a “Project” under CEQA Guidelines
Sec. 15378.
FISCAL IMPACT
Budgeted: N/A Budget Year: 2025-26
Funding Identified: N/A
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $0 $ $ $0
State
Federal
Fees
Other:
Total $0 $ $ $0
There is no fiscal impact associated with the recommendation. By issuing an RFQ, the
City will establish agreements with qualified vendors to create a list of pre-qualified AV
vendors. Any fiscal impact will occur following the creation of a qualified vendor list, and
any contracts with consultants on this list will be subject to approved project budgets.
ALTERNATIVES
1. Council could deny authorization to release the RFQ. Not proceeding with an RFQ
would require City staff to bid all AV projects independently, adding delays in
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Item 6e
procurement, which could impact the City's ability to conduct business and hold public
meetings.
ATTACHMENTS
A – Draft RFQ for Audio-Visual Services
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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.
Notice Requesting Qualifications for Audio-Video Services
The City of San Luis Obispo is requesting proposal for audio-video service providers.
All firms interested in receiving further correspondence regarding this Request for Proposals (RFQ) will
be required to complete a free registration using BidNet Direct (www.bidnetdirect.com/).
All proposals must be received by the City in a sealed envelope or via BidNet Direct by [TBD] when they
will then be opened electronically via BidNet Direct on the proposal end date and time.
The preferred method for bid submission is electronically via BidNet Direct. However, if you wish to
submit a paper copy, please submit it in a sealed envelope to the Department of Finance, at 990 Palm
Street, San Luis Obispo, CA, 93401, at or before 3 pm on [TBD].
Questions should be submitted electronically on BidNet, and the City will answer on BidNet.
Project packages and additional information may be obtained at the City’s BidNet Direct website at
www.BidNetDirect.com.
For technical help with BidNet Direct please contact BidNet Direct tech support at 800-835-4603.
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TABLE OF CONTENTS
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A. INTRODUCTION
The City of San Luis Obispo (City) wishes to obtain the services of professional audio-video firms to provide
audio-video equipment, installation, and maintenance at various City facilities. The selected firm(s) will be
issued project-specific purchase orders and projects will be assigned by the City.
B. SCOPE OF WORK
The City is seeking proposals from audio-video firms for on-call installations, maintenance, and repair
services of audio-video systems at various City facilities. Contractors will provide full-service, on-call audio-
video installation, maintenance, technical support, and repair services and administer the duties and
responsibilities set forth in this Request for Qualifications (RFQ), in compliance with all applicable laws,
regulations, policies, and procedures.
Services to be performed include the furnishing of all labor, materials, tools, equipment, supplies, services,
tasks, and incidental and customary work necessary to competently perform on-call audio-video installation,
maintenance, technical support, and repair work at various City facilities.
The work will include the provision of a total maintenance and repair program consisting of a variety of
tasks, including, but not limited to, designing, installing, replacing, wiring, and testing audio-video systems
and components used to provide audio-video capabilities (e.g. conference room displays, web conferencing,
room sharing, microphones, speakers, etc.) in municipal buildings and facilities. Services may also include
installing and repairing conduit, data cabling and other materials to support audio-video systems to ensure
safe, well-maintained, reliable audio-video systems for City employees and the public. The scope and
number of projects and tasks are unknown at the time of contract execution.
The Contractor shall leave work areas free of all dirt, litter, or other materials utilized to perform audio-
video installation and maintenance.
The Contractor shall erect barricades, warning signs, and any other devices to prevent unauthorized access
by the public or unauthorized City staff to work areas.
The Contractor shall respond to all requests for repairs or unscheduled emergency repairs as required, 24
hours per day, 365 days per year, including holidays. All costs for labor and materials for these calls shall be
included in the proposal. Response time by the Contractor shall be within four (4) hours of all requests, and
two (2) hours for emergency requests. Contractor shall respond on-site as needed within four (4) hours of
emergency requests.
The successful proposer will be responsible for providing labor, supervision, materials, equipment,
transportation, service and the shop facilities necessary to perform high quality work. Contractor will also
be responsible for discarding all used materials.
It is the intent of the City of San Luis Obispo to identify and establish long-term partnerships with highly
qualified contractors. To achieve the best level of service, the City believes that the relationship must be
based on mutual trust and respect. Teamwork, flexibility, and cooperation will be essential characteristics
of the successful Contractor.
It shall be the Contractor’s responsibility to effectively repair and maintain, to the satisfaction of the City
representative, all aspects of audio-video systems in City defined facilities with minimal downtime. All
maintenance and repairs shall be provided in accordance with the highest standards of the industry, skill,
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workmanship, applicable trade practices, shall meet warranties and be in conformance to all applicable laws,
codes and regulations. The successful Contractor’s audio-video maintenance and repairs shall, at a
minimum, include but not be limited to the specifications outlined herein.
SCOPE OF SERVICE: The Contractor shall provide full-service on-call design, installation, maintenance, and
repair services of audio-video systems within City Facilities as outlined in this document. Contractor shall
utilize professional personnel who have successfully and competently provided municipal facility audio-
video design, installation, maintenance, and repair services on projects of similar scope and complexity. It
shall be the Contractor’s responsibility to effectively repair and maintain, to the satisfaction of the City
representative, all aspects of audio-video systems in City defined facilities with minimal downtime. All
maintenance and repairs shall be provided in accordance with the highest standards of the industry, skill,
workmanship, and applicable trade practices, shall meet warranties, and be in conformance with all
applicable laws, codes, and regulations.
SERVICES TO BE PROVIDED
The successful Contractor’s audio-video installation, maintenance, and repairs shall, at a minimum,
include but not be limited to the services and specifications outlined herein.
It is the Proposer’s responsibility to provide an appropriate level of staffing and provide appropriate tools
and vehicles necessary to support all facility audio-video installation, maintenance, and repair functions
during hours of operation and for response after normal working hours. Proposer shall maintain the
appropriate license and will comply with all other license, insurance and permit requirements of the City,
State and Federal governments, as well as all other requirements of the law.
SUPPORT FOR CURRENT EQUIPMENT
Proposers shall demonstrate the ability to successfully support existing hardware and software in use by the
City, including but not limited to Extron, Crestron, One Beyond, and Renkus-Heinz.
DATA CABLING SCOPE
In addition to audio-video systems, proposer shall demonstrate the ability to provide data cabling services
to the City, including low-voltage Ethernet indoor and outdoor plant installation, maintenance, and repair.
All work must be done in compliance with the specifications laid out in Exhibit X, Communications Cabling
Standards.
SERVICE AVAILABILITY The contractor shall have service available on a twenty-four-hour-a-day, seven-day-
a-week basis with a response time not to exceed the following:
EMERGENCIES………….. two-hour response time (remote), four-hour (on-site)
NON-EMERGENCIES…. four-hour response time (remote), next business day (on-site)
Time to respond shall commence when the City reports the problem to the Contractor’s designated
emergency phone number. Additionally, the contractor shall provide the ability to react immediately to
situations involving the health and safety of employees and/or the public and the comfort and operational
capability of any public meeting space. Routine repairs, service requests, or other non-urgent tasks shall be
completed by contractor staff within one (1) working day from the date of request by a City Representative,
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or as otherwise agreed to by a City Representative and contractor staff.
FACILITY HOURS
Scheduled maintenance and repairs shall typically occur during regular business hours.
FACILITIES TO BE MAINTAINED
Facility Address
Aquatics Center: 8 am – 5 pm 900 Southwood Drive
City Hall: 8 am – 5 pm 990 Palm Street
Water Treatment Plant: 8 am – 5 pm 1900 Stenner Creek Road
Water Resource Recovery Facility: 8 am – 5 pm 35 Prado Road
Water Distribution Pump Stations #1 12 Highland Drive, #2 141 Bressi Place, #3 1551
Bishop Street, #4 1555 Laurel Lane, #5 3 Highland
Drive, #6 1 Miossi Road, #7 500 Prado Road
Water Distribution Reservoirs 2255 Stenner Creek Road, 1 Miossi Drive
Utilities Main Office: 8 am – 5 pm 879 Morro Street
Whale Rock Reservoir: 8 am – 5 pm 108 E 13th Street (Cayucos)
Wastewater Collection Lift Stations #1 35 Prado Road, #2 264 Tank Farm Road,
#3 206 Margarita Ave, #4 3860 South Higuera,
#5 51 Foothill Blvd, #6 1625 Calle Joaquin,
#7 850 Fiero Lane, #8 1055 Isabella Way,
#9 175 Ventura Drive
CDD and Public Works Main Office: 8 am – 5 pm 919 Palm Street
Public Works Corporation Yard: 8 am – 5 pm 25 Prado Road
Parks and Recreation Office: 8 am – 5 pm 1341 Nipomo Street
Parking Office: 8 am – 5 pm 871 Marsh Street
Parking Garages Citywide: 8 am – 5 pm 842 Palm Street
919 Palm Street
871 Marsh Street
Ludwick Community Center: 8 am – 5 pm 864 Santa Rosa Street
Police Department 1042 Walnut St.
Police Department Annex 1106 Walnut
Fire Station 1 2160 Santa Barbara St.
Fire Station 2 136 North Chorro St.
Fire Station 3 1280 Laurel Lane
Fire Station 4 1395 Madonna Road
*The City owns and operates other facilities not listed above that may have periodic needs for electrical
services.
EMERGENCY ON-CALL SERVICE Should the City request the contractor to make unscheduled, emergency
audio-video system repairs, the City shall be responsible for labor and travel costs associated therewith.
These costs, as listed in the proposal, will be a critical part of the bid evaluation. Rates shall be firm for the
term of the contract. The City reserves the right to contract with others for trouble calls and repairs.
BILLABLE WORK The Contractor shall not bill for unnecessary repairs, for repairs that were not completed
satisfactorily, for repairs that did not fix an identified problem, or for facility visits that are made by staff
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unqualified to complete needed repairs.
STAFFING, WORKMANSHIP, AND QUALITY LEVEL The Contractor shall provide a staffing level to perform
on-call audio-video maintenance and repair services at designated City facilities in a thorough and
professional manner, so that the City is provided with reliable and high-quality electrical maintenance at all
times. All personnel performing work under this Contract shall be directly employed and supervised by the
Contractor. The Contractor shall provide management and technical supervision through competent
supervisors as required. The Contractor shall be responsible for the skills, methods, and actions of all
employees, subcontractors, and for all work done.
TOOLS AND EQUIPMENT The Contractor shall furnish and maintain all equipment necessary for properly
servicing and maintaining audio-video systems in City buildings. The City of San Luis Obispo reserves the
right to inspect equipment to be used to perform services under this contract. Any equipment determined
to be in poor condition must be replaced immediately, at the contractor’s expense. Failure to provide
suitable equipment for carrying out all requirements of this contract may be grounds for termination.
PARTS AND MATERIALS The Contractor shall furnish all parts and materials necessary for properly
maintaining and repairing audio-video systems in City buildings. Mark-up on parts and materials may not
exceed 10% of the Contractor’s cost. Invoices must identify the work performed, the cost of labor, the
parts/materials used, the parts/materials cost, and the parts/materials markup cost.
INSPECTIONS AND REMEDIES To ensure consistent quality of the work being performed, the City
Representative will conduct periodic inspections of audio-video systems to ensure compliance with the
contract specifications. The City may inspect at any time to confirm that the work performed meets the
specifications. If corrective work is required, the City will provide a written list of items, and the Contractor
shall correct deficiencies as directed. If deficiencies are not corrected promptly, the City may perform the
work using others and deduct the cost from the Contractor's payment.
DAMAGES The Contractor will be responsible for all damages to the facility or contents caused by the
Contractor, their staff, or subcontractors during the performance of their duties.
SAFETY & SECURITY The Contractor and staff shall follow all established safety procedures and take special
care not to endanger themselves or the public. The Contractor is responsible for the security of all doors at
the conclusion of work in each room. All exterior doors should remain locked at all times. Interior doors that
are found open or unlocked shall be left in the same position/condition in which they were found.
EMERGENCY SITUATIONS For medical or public safety emergencies occurring at the Facilities, call 9-1-1. For
all building maintenance emergencies (water leaks, etc.) c
REPORTS / INVOICING
All invoices should include a detailed summary of all work and repairs performed. If a repair exceeds $1,000,
a quote must be provided to the City before any work can be authorized.
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D. SCHEDULE
E. GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (bidder) shall
meet all the terms, and conditions of the Request for Proposals (RFP) project package. By virtue of
its proposal submittal, the bidder acknowledges agreement with and acceptance of all provisions of
the RFP specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications
and accompanied by any other required submittals or supplemental materials. Proposal documents
shall be submitted electronically via BidSync. However, if you can’t submit electronic please send
your bid copy in a sealed envelope to the Department of Finance, City of San Luis Obispo, 990 Palm
Street, San Luis Obispo, CA, 93401. To guard against premature opening, the proposal should be
clearly labeled with the proposal title, project 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 insurance coverage
during proposal evaluation; as discussed under paragraph 12 below, endorsements are not required
until contract award. The City’s insurance requirements are detailed in Section E.
4. Proposal Quotes and Unit Price Extension. The extension of unit prices for the quantities indicated
and the lump sum prices quoted by the bidder must be entered in figures in the spaces 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 amount 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 the specified unit price.
5. Proposal Withdrawal and Opening. A bidder may withdraw its proposal, without prejudice prior to
the time specified for the proposal opening, by submitting a written request to the Director of
Finance for its withdrawal, in which event the proposal will be returned to the bidder unopened.
No proposal received after the time specified or at any place other than that stated in the “Notice
Inviting Bids/Requesting Proposals” will be considered. All proposals will be opened and declared
publicly. Bidders or their representatives are invited to be present at the opening of the proposals.
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6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to
make or file, or to be interested as the primary submitter 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 bidder submitting a proposal, or who has quoted prices on materials
to such bidder, is not thereby disqualified from submitting a sub-proposal or from quoting prices to
other bidders submitting proposals.
7. 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 EXECUTION
8. 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.
9. Competency and Responsibility of Bidder. The City reserves full discretion to determine the
competence and responsibility, professionally and/or financially, of bidders. Bidders will provide, in
a timely manner, all information that the City deems necessary to make such a decision.
10. Contract Requirement. The bidder to whom award is made (Contractor) shall execute a written
contract with the City within ten (10) calendar days after notice of the award has been sent by mail
to it at the address given in its proposal. The contract shall be made in the form adopted by the City
and incorporated in these specifications.
CONTRACT PERFORMANCE
11. The City’s contract terms and conditions that Contractor will be expected to execute and be bound by
are attached hereto as Exhibit A
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SPECIAL TERMS AND CONDITIONS
1. Contract Award. Subject to the reservations set forth in Paragraph 9 of Section B (General Terms
and Conditions) of these specifications, the contract will be awarded to the lowest responsible,
responsive proposer.
2. Sales Tax Reimbursement.
For sales occurring within the City of San Luis Obispo, the City receives sales tax revenues. Therefore,
for bids from retail firms located in the City at the time of proposal closing for which sales tax is
allocated to the City, 1% of the taxable amount of the bid will be deducted from the proposal by the
City in calculating and determining the lowest responsible, responsive proposer.
3. Labor Actions.
In the event that the successful proposer is experiencing a labor action at the time of contract award
(or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right
to declare said proposer is no longer the lowest responsible, responsive proposer and to accept the
next acceptable low proposal from a proposer that is not experiencing a labor action, and to declare
it to be the lowest responsible, responsive proposer.
4. Failure to Accept Contract.
The following will occur if the proposer to whom the award is made (Contractor) 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 proposer's bond or security is required; and an award may be made
to the next lowest responsible, responsive proposer who shall fulfill every stipulation as if it were
the party to whom the first award was made.
5. Non-Exclusive Contract. The City reserves the right to purchase the items listed in the Detail
Proposal Submittal Form, as well as any supplemental items, from other vendors during the contract
term.
6. Unrestrictive Brand Names. Any manufacturer's names, trade names, brand names or catalog
numbers used in the specifications are for the purpose of describing and establishing general quality
levels. Such references are not intended to be restrictive. Proposals will be considered for any brand
that meets or exceeds the quality of the specifications given for any item. In the event an alternate
brand name is proposed, supplemental documentation shall be provided demonstrating that the
alternate brand name meets or exceeds the requirements specified herein. The burden of proof as
to the suitability of any proposed alternatives is upon the proposer, and the City shall be the sole
judge in making this determination.
7. Delivery. Prices quoted for all supplies or equipment to be provided under the terms and conditions
of this RFP package shall include delivery charges, to be delivered F.O.B. San Luis Obispo by the
successful proposer and received by the City within 90 days after authorization to proceed by the
City.
8. Start and Completion of Work. Work on this project shall begin immediately after contract
execution and shall be completed within 90 calendar days thereafter, unless otherwise negotiated
with City by mutual agreement.
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9. Change in Work. The City reserves the right to change quantities of any item after contract award.
If the total quantity of any changed item varies by 25% or less, there shall be no change in the agreed
upon unit price for that item. Unit pricing for any quantity changes per item in excess of 25% shall
be subject to negotiation with the Contractor.
10. Submittal of References. Each proposer shall submit a statement of qualifications and references
on the form provided in the RFP package.
11. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past
governmental agency bidding or contract disqualifications on the form provided in the RFP package.
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PROPOSAL CONTENT
FORM A: Cost Proposal
FORM B: Response to Technical Questions Form
FORM C: Wage Theft Prevention Bid Certification
FORM D: Certification of Acceptance of Terms of Agreements
FORM E: Non-Collusion Declaration
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FORM A: Cost Proposal to Furnish Audio-Video On-Call Services
______________________________________________________ (“Bidder”) hereby submits this Bid
Proposal to the City of San Luis Obispo (“The City”) for the above-referenced project (“Project”) in response
to the Notice Inviting Proposals and in accordance with the Contract Documents referenced therein.
1. Base Bid. Bidder proposes to perform and fully provide Audio-Video On-Call Services as specified in the
Contract Documents, for five years (5) for the prices in the attached Cost Proposal Schedule for Audio-
Video On-Call Maintenance Services and Repairs at City Facilities (“Base Bid”). Contractor may increase
rates by the CPI-Los Angeles region in [_______] beginning at the 1st day of the following year’s term.
2. Bidder’s Warranties. By signing and submitting this Bid Proposal, Bidder warrants the following:
Bidder has thoroughly examined the Contract Documents, and represents that, to the best of
Bidder’s knowledge there are no errors, omissions, or discrepancies in the Contract Documents.
Bidder has had the opportunity to examine the Worksite and local conditions at the Project location.
Bidder is fully qualified to perform the Work.
Bid has carefully reviewed this Bid Proposal and is solely responsible for any errors or omissions
contained in its completed Bid.
3. Award of Contract. By signing and submitting this Bid Proposal, Bidder agrees that if Bidder is awarded
the Contract for the Project, within ten (10) days following issuance of the notice of award to Bidder, Bidder
shall:
Enter into a Contract with The City in accordance with the terms of this Bid Proposal, by signing and
submitting to The City the Contract form included with the Contract Documents; and
Submit to The City the insurance certificate(s) and endorsement(s) as required by the Contract
Documents.
This bid proposal is hereby submitted on _______________________________
/s/___________________________ _______________________________
Name and Title
_____________________________ _______________________________
Company Name CSLB License # and Expiration Date
___________________________________________
CA Dept of Industrial Relations (DIR#) and Expiration Date
Address: ___________________ Email:_______________________
___________________ Phone:______________________
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FORM A
COST SCHEDULE
Contractor Name: _______________________________
Base Bid
Item #
Item Hourly Rate Comments
1 Standard Rate for Audio-Video Services –
Apprentice
2 Standard Rate for Audio-Video Services –
Journeyman
3 Rate for Other Audio-Video Services
(Describe in comments)
4 OT Rate for Audio-Video Services –
Apprentice
5 OT Rate for Audio-Video Services –
Journeyman
6 OT Rate for Other Audio-Video Services
(Describe in comments)
7 Saturday/Sunday/Holiday Rate – Apprentice
8 Saturday/Sunday/Holiday Rate -
Journeyman
9 Attach a separate equipment rate schedule
(Describe equipment hourly rate or flat rate)
10 Emergency Rate for Audio-Video Services –
Apprentice
11 Emergency Rate for Audio-Video Services –
Journeyman
12 Emergency Rate for Other Audio-Video
Services
(Describe in comments)
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FORM B
Response to Technical Questions
On-Call Audio-Video Services RFP
Please answer the following:
Experience and Qualifications (20pts)
1. How many years has your company been in business under its present business name?
2. Describe your previous experience providing electrical on-call services at like-sized public agencies
and/or private companies.
3. Describe management personnel's experience with accounts of similar size and scope, company
structure, and staff assigned to the resulting agreement.
4. State any instances of being disqualified, removed, or otherwise prevented from completing the terms
of any previous contracts over the past five (5) years. Give names, street addresses, and phone numbers,
and explain the circumstances.
Assessment of work quality, performance, and working relationships with current clients (15pts)
1. List three (3) like-sized customers that you have provided on-call electrical services to within the last three
(3) years. Provide the following information for each contact:
a. Customer Name
b. Customer Contact Name
c. Phone Number
d. Number of years your firm has provided electrical on-call services to Customer.
e. Names of facilities/locations where services have been provided.
Qualifications of Staff to be assigned (10pts)
1. Attach an organizational chart for your company, or the local office that would service this contract.
2. For the local office to serve this contract, list the following:
a. Total number of staff assigned to City of San Luis Obispo
b. Names and qualifications of key staff, including years in the industry and with your firm.
c. Number of new hires in the last six months.
3. Briefly describe your employee training program and requirements.
Well-organized communication systems and reporting capabilities that demonstrate an ability to
complete tasks efficiently and effectively, and do not require constant supervision by the City. (15pts)
1. Describe the systems your company uses to communicate between supervisors, office staff, and field
staff. Also, describe the systems you use to assign, track, and evaluate work performed by your employees.
2. Describe your existing customer service program, how you would monitor customer satisfaction, how
complaints will be resolved, and your plan for quality control.
3. Describe your communication plan to ensure proper communication between your representative and
the City’s representative.
4. Describe in detail your Safety Program.
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REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under the
present business name: .
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the
services included in the scope of the specifications. Attach additional pages if required. The City reserves
the right to contact each of the references listed for further information regarding your firm's qualifications.
Reference No. 1:
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 2:
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
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Reference No. 3
Agency Name
Contact Name
Telephone & Email
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
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STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The proposer shall state whether it or any of its officers or employees who have a proprietary interest in it,
has ever been disqualified, removed, or otherwise prevented from 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 disqualifications as described in the above paragraph to declare?
Yes No
If yes, explain the circumstances.
Executed on at _______________________________________ under penalty of
perjury of the laws of the State of California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Proposer Representative
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EXHIBIT A:
ON-CALL AGREEMENT FOR AUDIO-VIDEO SERVICES FOR PUBLIC PROJECTS
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 [CONTRACTOR’S NAME IN
CAPITAL LETTERS], hereinafter referred to as Contractor.
W I T N E S S E T H
WHEREAS, on [DATE], requested proposals for On-Call Audio-Video Services
WHEREAS, pursuant to said request, Contractor 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. The City will contract services identified in this specification 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 Contractor’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 Contractor be obstructed or delayed in the work required to be done hereunder by
changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other
Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions
arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended
for such periods as may be agreed upon by the City and the Contractor. In the event that there is insufficient
time to grant such extensions prior to the completion date of the contract, the City may, at the time of
acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to
any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes
of same.
4. Termination for Cause. If, during the term of the contract, the City determines that the Contractor is not
faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such
defect or failure to perform. This notice must give the Contractor a 10 (ten) calendar day notice of time
thereafter in which to perform said work or cure the deficiency.
If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice,
such shall constitute a breach of the contract and the City may terminate the contract immediately by written
notice to the Contractor to said effect. Thereafter, neither party shall have any further duties, obligations,
responsibilities, or rights under the contract except, however, any and all obligations of the Contractor's surety
shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the
termination thereof.
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In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning
date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from
such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for
goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may
be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed
or provided by the Contractor shall be based solely on the City's assessment of the value of the work-in-progress
in completing the overall 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 Contractor 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, Contractor 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 Contractor warrants that it possesses, or has arranged through subcontracts, all capital
and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in
compliance with 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 Contractor’s proposal. Any
substitution of sub-Contractors 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 Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or
its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind
without the previous written consent of the City.
9. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain that the
services of the Contractor are being performed in accordance with the requirements and intentions of this
contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval.
The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract
requirements.
10. Record Retention and Audit. For the purpose of determining compliance with various laws and regulations as
well as performance of the contract, the Contractor and sub-Contractors 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 Contractor 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 Contractor
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 Contractor staff shall provide a Conflict of Interest Statement
where determined necessary by the City.
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The Contractor covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or
otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The
Contractor further covenants that, in the performance of this work, no sub-Contractor or person having such an
interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in
performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance
of the work hereunder, the Contractor shall at all times be deemed an independent Contractor and not an agent
or employee of the City.
12. Rebates, Kickbacks or Other Unlawful Consideration. The Contractor warrants that this contract was not
obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any
City employee. For breach or violation of the warranty, the City shall have the right in its discretion; to terminate
the contract without liability; to pay only for the value of the work actually performed; to deduct from the
contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
13. Covenant Against Contingent Fees. The Contractor 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 Contractor 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 Contractor shall keep itself fully informed of and shall observe and
comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations
and adopted codes during its performance of the work. 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 Contractor is
required to pay within the scope of Contractor’s performance of the contracted services.
16. Permits, Licenses and Filing Fees. The Contractor shall procure all permits and licenses, pay all charges and fees,
and file all notices as they pertain to the completion of the Contractor’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. Contractor will provide a 10 day notice for the City to issue a check.
17. Safety Provisions. The Contractor 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 Contractor's operations create a condition hazardous to the public
or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences,
temporary railings, barricades, lights, signs and other devices and take such other protective measures as are
necessary to prevent accidents or damage or injury to the public and employees.
19. Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the
City, to protect City property from injury or damage. If City property is injured or damaged resulting from the
Contractor's operations, it shall be replaced or restored at the Contractor's expense. The facilities shall be
replaced or restored to a condition as good as when the Contractor began work.
20. Immigration Act of 1986. The Contractor warrants on behalf of itself and all sub-Contractors engaged for the
performance of this work that only persons authorized to work in the United States pursuant to the Immigration
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Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work
hereunder.
21. Contractor Non-Discrimination. In the award of subcontracts or in performance of this work, the Contractor
agrees that it will not engage in, nor permit such sub-Contractors 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. Contractors 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 Contractor
and all sub-Contractors 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 Contractor to inquire prior to proposal submittal. Failure to so inquire shall cause any such
ambiguity or defect to be construed against the Contractor. An ambiguity or defect shall be considered patent if
it is of such a nature that the Contractor, assuming reasonable skill, ability and diligence on its part, knew or
should have known of the existence of the ambiguity or defect. Furthermore, failure of the Contractor or sub-
Contractors 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 Contractor 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, Contractor shall immediately notify the City in writing,
and the Contractor and all sub-Contractors 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 Contractor'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), Contractor 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 Contractor’s performance or Contractor’s
failure to perform its obligations under this Agreement or out of the operations conducted by Contractor,
including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence
or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or
other adversarial proceeding arising from Contractor’s performance of this Agreement, the Contractor 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.
24. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from other
Contractors during the contract term.
25. Standards. Documents shall conform to City Standards and City furnished templates shall be used.
26. Contractor Endorsement. Technical reports, plans and specifications shall be stamped and signed by the
Contractor where required.
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27. Required Deliverable Products and Revisions. The Contractor 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. Contractor 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 Contractor and, where necessary, the Contractor
will respond to staff comments and make such changes as deemed appropriate. Submittals shall include the
previous marked up submittal (returned to the Contractor) 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
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 Contractor’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 Contractor 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 Contractor 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 Contractor under this
agreement. Further, the Contractor 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 Contractor.
29. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or
assembled by the Contractor as part of the work or services under these specifications shall be the property of City
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and shall not be made available to any individual or organization by the Contractor without the prior written approval
of the City.
The Contractor 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 Contractor is required to furnish in limited quantities as part of the
work or services under these specifications, the Contractor shall provide such additional copies as are requested,
and City shall compensate the Contractor for the costs of duplicating of such copies at the Contractor's direct
expense.
31. Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is
attendance by the Contractor at up to 1 public meeting to present and discuss its findings and recommendations.
Contractor shall attend as many "working" meetings with staff as necessary in performing workscope tasks.
32. Requests for Review. The Contractor 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 Contractor 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. Contractor Invoices. The Contractor 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
miscellaneous charges and any sub-Contractor invoices, similarly broken down, as supporting detail. For
purposes of City fiscal year auditing, invoices for work through June 30 th 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 Contractor shall receive
therefore compensation in a total sum not to exceed the individual agreed upon project fee. Should the
Contractor’s designs, drawings or specifications contain errors or deficiencies, the Contractor shall be required to
correct them at no increase in cost to the City.
For on-call services, the City will pay and the Contractor shall receive compensation as agreed to on a project by
project basis.
The Contractor shall be reimbursed for hours worked at the hourly rates set forth in Contractor’s proposal attached
to this agreement. Hourly rates include direct salary costs, employee benefits, overhead and fee. In addition, the
Contractor shall be reimbursed for direct costs other than salary and vehicle cost that have been identified and
are attached to this agreement. The Contractor’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 Contractor
(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
Contractor. Not later than thirty days after completion of all deliverables necessary to complete the plans,
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specifications and estimate, the Contractor 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 Contractor 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 Contractor 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 Contractor is responsible
to be fully informed regarding the requirements of 49 CFR, Part 26.
The Contractor 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 Contractor shall pay all sub-Contractors within 10 calendar days from receipt of each payment made to the
Contractor by the City.
The Contractor shall carry out applicable requirements of Title 49 CFR 26 in the award and administration of US
DOT assisted agreements. Failure by the Contractor 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.
39. Agreement Parties.
City: [Project Manager]
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Contractor:
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 and Contractor's proposal dated [DATE], 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 for Audio-video Services [_____] and Contractor’s proposal dated [DATE], the terms in this
agreement and City Request for Qualifications Specification No. [___]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 Contractor is directed to do work by persons other
than the City Project Manager and the Contractor believes that the work is outside of the scope of the original
contract, the Contractor shall inform the Project Manager immediately. If the Project Manager and Contractor
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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 Contractor's hourly billing rates or a lump sum
price agreed upon between the City and the Contractor. Any extra work performed by Contractor without prior
written approval from the City Project Manager shall be at Contractor'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, Contractor 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 Contractor do covenant that each individual executing this
agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such
party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above
written.
CITY OF SAN LUIS OBISPO: CONTRACTOR:
___________________________________
Name of Company
___________________________________
APPROVED AS TO FORM:
___________________________________
City Attorney
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EXHIBIT A - CONTRACTOR BID PROPOSAL
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INSURANCE REQUIREMENTS
Contractors
Without limiting Contractor’s indemnification of City, and prior to commencement of work, Contractor shall
obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance
of the types and amounts described below and in a form that is satisfactory to City.
General liability insurance. Contractor shall maintain commercial general liability insurance with
coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less
than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal
injury, and property damage. The policy must include contractual liability that has not been
amended. Any endorsement restricting standard ISO “insured contract” language will not be
accepted.
Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad
as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all
activities of the Contractor arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an
amount not less than $1,000,000 combined single limit for each accident.
Umbrella or excess liability insurance. [If required to meet higher limits]. Contractor may
obtain and maintain an umbrella liability insurance policy with limits that will provide bodily
injury, personal injury, and property damage liability coverage, including commercial
general liability, automobile liability, and employer’s liability. Such policy or policies shall
include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would
otherwise have applied proves to be uncollectible in whole or in part for any reason, other
than bankruptcy or insolvency of said primary insurer;
• “Pay on behalf of” wording as opposed to “reimbursement”;
• Concurrency of effective dates with primary policies.
Excess insurance. Should Contractor obtain and maintain an excess liability policy, such policy shall be
excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or
policies shall include wording that the excess liability policy follows the terms and conditions of the
underlying policies.
Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation
Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least
$1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation
endorsement in favor of City, its officers, agents, employees, and volunteers
Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to
provide the City with a thirty (30) day notice of cancellation (except for nonpayment for
which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
If any of the Contractor’s insurers are unwilling to provide such notice, then Contractor shall have the
responsibility of notifying the City immediately in the event of Contractor’s failure to renew any
of the required insurance coverages or insurer’s cancellation or non-renewal.
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Additional insured status. General liability, automobile liability, and umbrella/excess liability
insurance policies shall provide or be endorsed to provide that City and its officers, officials,
employees, agents, and volunteers shall be additional insureds under such policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein
shall comply with these requirements if they include any limiting endorsement of any
kind that has not been first submitted to City and approved of in writing.
Separation of insureds. A severability of interests provision must apply for all additional
insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the insurer’s limits of liability. The
policy(ies) shall not contain any cross-liability exclusions.
Pass through clause. Contractor agrees to ensure that its subcontractors, subcontractors, and
any other party who is brought onto or involved in the project/service by Contractor (hereinafter
collectively “subcontractor”), provide the same minimum insurance coverage and endorsements required
of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for
ensuring that such coverage is provided in conformity with the requirements of this section. However, in
the event Contractor’s subcontractor cannot comply with this requirement, which proof must be submitted
to the City, Contractor shall be required to ensure that its subcontractor provide and maintain insurance
coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor’s scope
of work and services, with limits less than required of the Contractor, but in all other terms consistent with
the Contractor’s requirements under this agreement. This provision does not relieve the Contractor of its
contractual obligations under the agreement and/or limit its liability to the amount of insurance
coverage provided by its subcontractors. This provision is intended solely to provide Contractor
with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services
but may not carry the same insurance limits as required of the Contractor under this
agreement given the limited scope of work or services provided by the subcontractor. Contractor
agrees that upon request, all agreements with subcontractors, and others engaged in the
project, will be submitted to City for review.
City’s right to revise specifications. The City reserves the right at any time during
the term of the contract to change the amounts and types of insurance required by giving the
Contractor ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s
compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by
City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible, or require proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention period through
confirmation from the underwriter.
Timely notice of claims. Contractor shall give City prompt and timely notice of claims made
or suits instituted that arise out of or result from Contractor’s performance under this Agreement,
and that involves or may involve coverage under any of the required liability policies.
Additional insurance. Contractor shall also procure and maintain, at its own cost and expense,
any additional kinds of insurance, which, in its own judgment, may be necessary for its proper
protection and prosecution of the Work.
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Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing
maintenance of the required insurance coverage, as well as endorsements affecting general liability
coverage.. All endorsements are to be received and approved by the City before work commences.
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