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HomeMy WebLinkAboutItem 6g - Request for Qualifications for on-call Electrical Support Services Item 6g Department: Public Works Cost Center: Multiple For Agenda of: 10/20/2026 Placement: Consent Estimated Time: NA FROM: Emily Jackson, Finance Director Aaron Floyd, Public Works & Utilities Director Prepared By: Daniel Clancy, Financial Analyst- Purchasing SUBJECT: AUTHORIZATION TO ADVERTISE A REQUEST FOR QUALIFICATIONS FOR ON-CALL ELECTRICAL MAINTENANCE, REPAIR, AND OPERATIONAL SUPPORT SERVICES RECOMMENDATION 1. Authorize the issuance of a Request for Qualifications (RFQ) for On-Call Electrical Maintenance, Repair, and Operational Support Services to establish a five-year qualified contractor pool; and 2. Authorize the Public Works & Utilities Director to establish the On-Call Electrical Maintenance, Repair, and Operational Support Services Contractor List from responsive and qualified proposals received through the RFQ process; and 3. Authorize the City Manager, or authorized designee, to execute agreements with one or more qualified and appropriately licensed electrical contractors in the established contractor pool to provide recurring electrical maintenance, repair, emergency response, low-voltage support, and related operational services at City facilities. POLICY CONTEXT Under Municipal Code Section 3.24.070 (Authority to Hire Consultants), the City can establish service contracts through a formal Request for Qualifications (RFQ) process. Through this process, the City Council is requested to approve the RFQ, and the City Manager or authorized designee would then be authorized to execute agreements with selected contractors. The Finance Director may then execute and amend purchase orders for service contracts within the authorized project budget. The City’s Public Works, Utilities, and Information Technology operations routinely require licensed electrical contractors to provide maintenance, repair, emergency response, low- voltage support, and related operational services. Because anticipated cumulative expenditures may exceed applicable Council approval thresholds of $250,000 in a fiscal year, City Council authorization is required to advertise the solicitation and establish the resulting contracting arrangement. Individual assignments will remain subject to available budget authority, applicable purchasing requirements, and any requirements associated with the specific work. Page 133 of 210 Item 6g DISCUSSION The City currently procures most routine electrical services on a project-by-project basis. When an electrical repair, maintenance need, or emergency arises, staff identifies an available contractor, requests quotes, and issues a purchase order for the individual assignment. While this approach has allowed departments to address immediate operational needs, it requires staff to repeat the procurement process for each project and provides limited consistency in labor rates, emergency charges, equipment costs, material markups, response expectations, and contract terms. The proposed on-call solicitation would reduce the need to establish contractor availability, pricing, and terms separately for each assignment by creating a pool of competitively selected contractors operating under standardized qualifications, pricing, response requirements, and contract conditions. Staff would continue to define and authorize each individual assignment, but departments would be able to obtain services more efficiently using pre-established labor rates, material-markup limits, disclosed service-call minimums and equipment charges, and other agreed -upon pricing terms. Public Works Maintenance, Utilities, and Information Technology regularly require licensed electrical contractors to support troubleshooting, repairs, emergency response, equipment replacement, data cabling, and other operational needs at City facilities. The proposed on-call agreements are intended to support these recurring routine operational needs and will not replace the City’s established procurement and delivery process for defined Capital Improvement Projects. Routine services under this contract may include, but are not limited to: • Troubleshooting electrical failures; • Repairing lighting, circuits, panels, controls, pumps, and motors; • Emergency response; • Replacement of failed components; • Data and fiber cabling; • Small modifications at occupied facilities; • Support at treatment plants, pump stations, parking facilities, and public buildings. Capital Improvement Project/Public Project Work The proposed agreements will not be used to avoid competitive bidding or City’s established procurement procedures. The on-call agreements are intended for routine maintenance, repair, emergency response, and related operational el ectrical services and will not be used for work that requires separate project procurement, including work that requires plans and specifications and a separate solicitation. Capital Improvement Program projects and other public works requiring separate procurement will be scoped, estimated, and procured in accordance with the City’s Purchasing Policy and applicable law. Page 134 of 210 Item 6g Evaluation The RFQ requires contractors to hold a valid California C-10 Electrical Contractor license and meet the applicable insurance requirements. Responders will be evaluated based on their relevant experience, available personnel, technical capabilities, safety practices, and the ability to meet the City’s response requirements. An evaluation panel will score responses based on experience and qualifications (20 points), past performance and references (15 points), qualifications of assigned staff (10 points), service delivery, communication, quality control and safety (15 points), and the cost proposal (40 points). The cost evaluation will consider the overall proposed charges, including labor rates, service-call minimums, travel or mobilization charges, and equipment rates. The City may select more than one contractor for the on-call pool. Individual assignments will be authorized through purchase orders or written task orders, subject to available funding and applicable procurement requirements. Selection for t he on-call pool will be for a 5 year-term per Muni-Code 3.24.070; but will not guarantee any minimum amount of work. Public Engagement Public engagement on the item can be provided to the City Council through written correspondence prior to the meeting o r through public testimony at the meeting. The report will also be posted on the City’s website for public review. ENVIRONMENTAL REVIEW The recommended action does not involve approval of a specific physical project or improvement and therefore does not trigger California Environmental Quality Act (CEQA) review under CEQA Guidelines Section 15378. CEQA requirements will be evaluated on a project-by-project basis for individual work authorized under the resulting on -call agreements. FISCAL IMPACT Budgeted: N/A Budget Year: FY 2026-27 Funding Identified: N/A Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $ $ $ $0.00 State Page 135 of 210 Item 6g Federal Fees Other: Total $ $ $ $0.00 Issuance of the RFQ will not, by itself, obligate the City to purchase services. Once the contractor pool is established, services will be requested on an as-needed basis and funded through approved department budgets. Individual work orders will be issued based on the scope and nature of the work and will follow applicable procurement requirements, including separate procurement procedures when required for Capital Improvement Program projects or other public works efforts.. ALTERNATIVES 1. The City Council could decide not to approve the RFQ. Should the City Council pursue this alternative, the City would continue to procure electrical services through individual procurements and purchase orders, as needs arise. This would limit the City’s ability to establish consistent, competitively evaluated rates and terms that are most advantageous to the City for recurring service needs. ATTACHMENTS A - Draft Request for Qualifications for Electrician Services Page 136 of 210 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 (RFQ) for on-call electrical maintenance repair and operational support services The City of San Luis Obispo is requesting statements of qualifications (SOQ) and pricing proposals from qualified electrical contractors to provide on-call electrical routine maintenance, repair, emergency response, low-voltage, and related operational support services. All firms interested in receiving further correspondence regarding this (RFQ) will be required to complete a free registration using BidNet Direct (www.bidnetdirect.com/). SOQ’s must be received by the City in BidNet by [DATE] when they will then be opened electronically via BidNet Direct on the proposal end date and time. The City’s preferred method for bid submission is electronic 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 in BidNet, and the City will answer in BidNet. Responses and Addenda will be posted through 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. Page 137 of 210 TABLE OF CONTENTS A. INTRODUCTION 2 B. SCOPE OF WORK 2 C. SCHEDULE 6 D. GENERAL TERMS AND CONDITIONS 6 E. SPECIAL TERMS AND CONDITIONS 9 F. PROPOSAL CONTENT 10 REQUIRED PROPOSAL CONTENTS AND FORMS FORM A — COST PROPOSAL AND COST SCHEDULE 12 FORM B — QUALIFICATIONS AND TECHNICAL RESPONSE 14 E. EVALUATION 15 F. REFERENCES 16 G. STATEMENT OF PAST CONTRACT DISQUALIFICATIONS 18 EXHIBIT A — FORM OF AGREEMENT EXHIBIT B ---INSURANCE REQUIREMENTS ATTACHMENT 1 – DATA CABLING STANDARD Page 138 of 210 -2- A. INTRODUCTION The City currently obtains routine electrical maintenance, repair, and emergency services primarily through project-specific quotes and purchase orders. This process requires staff to establish contractor availability, pricing, response expectations, and commercial terms separately for each assignment. Through this solicitation, the City intends to establish a pool of qualified electrical contractors operating under pre-established labor rates, material-markup limits, disclosed service-call minimums, travel and equipment charges, response requirements, and contract terms. The City will continue to define, and authorize individual assignments through project-specific purchase orders. Contractors may be required to submit an assignment-specific quote before authorization, depending on the anticipated cost and applicable City procurement requirements. The resulting agreements are intended primarily for recurring operational maintenance, repairs, emergency response, troubleshooting, equipment replacement, data cabling, and small facility-support assignments. The on-call agreements will not be used for Capital Improvement Program projects. Electrical work for those projects will be scoped and procured separately under applicable public works contracting requirements. B. SCOPE OF WORK The City is seeking statements of qualifications and pricing proposals from electrical contractors for on-call electrical maintenance, repair, installation incidental to routine maintenance and repair, and related operational support services at various City facilities. Contractors will provide on-call electrical maintenance and repair services and perform the requirements set forth in this RFQ in compliance with all applicable laws, regulations, policies, and procedures. The Contractor shall erect barricades, warning signs, and any other devices necessary to protect City employees, the public, and property to prevent unauthorized access to work areas. The Contractor shall remove and lawfully dispose of waste, debris, and replaced materials resulting from its work, unless the City directs otherwise. The Contractor shall provide full-service on-call electrical maintenance and repair services to City facilities as outlined in this document. The Contractor shall provide qualified personnel capable of performing municipal electrical maintenance and repair assignments of similar scope and complexity. The Contractor shall perform each assignment in a professional and workmanlike manner, minimize disruption to City operations, preserve applicable warranties, and comply with applicable laws, codes, permits, manufacturer requirements, and accepted trade practices. The successful Contractor’s electrical maintenance and repairs shall, at a minimum, include but not be limited to the services and specifications outlined herein. Services may include but are not limited to:  Troubleshooting and diagnostic services;  Routine and preventive electrical maintenance;  Repair or replacement of failed electrical components;  Lighting, circuit, panel, control, pump, and motor work;  Minor electrical modifications at occupied City facilities;  Emergency electrical response;  Low-voltage data and fiber-optic cabling;  Support at treatment plants, pump stations, parking facilities, public-safety facilities, offices, and other City properties; and Page 139 of 210 -3-  Other related electrical services authorized by the City. The Contractor shall maintain sufficient qualified personnel, tools, equipment, and vehicles to perform authorized work during regular operating hours and to respond to approved after-hours requests. Throughout the agreement term, the Contractor shall maintain all licenses, registrations, insurance, and permits required by applicable federal, state, and local law and by the agreement. DATA CABLING SCOPE In addition to electrical systems, the Contractor shall demonstrate the ability to provide data cabling services to the City, including: - Low-voltage Ethernet indoor and outdoor plant installation, maintenance, and repair. - Fiber optic cable indoor and outdoor plant installation, maintenance, and repair. All work must be done in compliance with the specifications laid out in Attachment 1 - Communications Cabling Standards. TERM OF SERVICE The term of the contract will be for a period of five (5) years. The contract may be canceled or any portion thereof at any time during the term of service and such cancellations shall be effective upon giving thirty (30) days written notice. The on-call contract is not a guarantee that the City will engage the Contractor for actual work. SERVICE AVAILABILITY The Contractor shall maintain a telephone number or other City-approved method for receiving service requests 24 hours per day, seven days per week, including holidays. Emergency requests: The Contractor must acknowledge the request promptly and have qualified personnel respond on site within two hours, unless the City authorizes a different response time. Urgent requests: The Contractor must acknowledge the request within one hour and advise the City of its anticipated arrival time. The requested on-site response time will ordinarily not exceed four hours. Routine requests: The Contractor must acknowledge the request within one business day and coordinate a mutually acceptable service date with the City. Response time begins when the City contacts the Contractor through the Contractor’s designated service- request telephone number or other approved contact method. The Contractor shall promptly acknowledge each emergency or urgent request and provide an estimated arrival time. The Contractor shall give priority to conditions that threaten health or safety, risk damage to City property, or materially impair essential City operations. Routine repairs and other non-urgent assignments shall be scheduled with the City based on operational needs, personnel availability, required materials, and the authorized scope of work. If the Contractor cannot meet a required response time, it shall immediately notify the City. The City may contact another contractor without liability or obligation to the initially contacted Contractor. Page 140 of 210 -4- FACILITY HOURS Scheduled maintenance and repairs shall typically occur during regular business hours and must be coordinated with the City representative responsible for the applicable facility. The City may authorize work outside regular business hours when necessary to address an emergency, reduce disruption to City operations, or accommodate facility availability. POTENTIAL SERVICE LOCATOINS Standard Hours 8am – 5pm Facility Address Aquatics Center 900 Southwood Drive City Hall 990 Palm Street Water Treatment Plant 1900 Stenner Creek Road Water Resource Recovery Facility11 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 879 Morro Street Whale Rock Reservoir 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 919 Palm Street Public Works Corporation Yard 25 Prado Road Parks and Recreation Office 1341 Nipomo Street Parking Office 871 Marsh Street Parking Garages Citywide 842 Palm Street 919 Palm Street 871 Marsh Street Ludwick Community Center 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. 1 Scope of services provided to the Water Resource Recovery Facility may include medium-voltage (12kV) systems. Only contractors possessing the qualifications, trained personnel, equipment, insurance, and safety procedures required for such work will be eligible to perform these assignments. Page 141 of 210 -5- 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 When the City requests unscheduled emergency electrical repairs, the Contractor shall respond in accordance with the Service Availability requirements. The Contractor may charge only the emergency labor rates, travel charges, equipment rates, material costs, and markups identified in its accepted Cost Proposal or otherwise authorized in writing by the City before the work is performed. Emergency pricing will be considered as part of the City’s evaluation of the Proposer’s overall qualifications and pricing. Rates may be adjusted only as expressly permitted by the agreement. If a Contractor is unavailable, cannot meet the required response time, or lacks the qualifications or equipment needed for an assignment, the City may contact another contractor or use another authorized procurement method without liability or obligation to the initially contacted Contractor. BILLABLE WORK. Before beginning an assignment, the Contractor shall provide a written quote describing the proposed work and estimated charges and shall obtain the City’s written authorization. When the cause or extent of a problem cannot be determined without an initial visit, the City may authorize a quoted diagnostic visit. The Contractor shall provide a further written quote and obtain written authorization before performing additional repair work. The Contractor may invoice only for authorized work satisfactorily performed by qualified personnel, including authorized diagnostic work even when the problem cannot be corrected during the initial visit. The Contractor may not invoice for unauthorized work, unnecessary repairs, or work required to correct its own deficient performance. STAFFING, WORKMANSHIP AND QUALITY LEVEL The Contractor shall maintain a valid California C-10 Electrical Contractor license and provide sufficient qualified personnel to perform authorized work safely and professionally. Apprentices must work under the supervision required by applicable law. The Contractor is responsible for the performance of its employees and subcontractors and for the quality of all work performed under the agreement. TOOLS AND EQUIPMENT The Contractor shall furnish and maintain all tools and equipment necessary to perform authorized work safely and properly. The City may inspect equipment used for the work and require the Contractor to remove unsafe or unsuitable equipment from service. PARTS AND MATERIALS The Contractor shall furnish all parts and materials necessary for properly maintaining and repairing electrical systems in City facilities. Markup on parts and materials may not exceed 10% of Contractor’s cost. Invoices must identify the work performed, cost of labor, parts/materials used, parts/materials cost, and parts/materials markup cost. INSPECTIONS AND REMEDIES Inspections may be made by the City at any time to confirm that work performed meets 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 in a timely manner, the City may perform the work using others and deduct the cost from the Contractor's payment. Page 142 of 210 -6- DAMAGES The Contractor will be responsible for all damages to the facility or contents caused by Contractor, their staff or subcontractors during the performance of their duties. SAFETY & SECURITY The Contractor and staff shall follow all established safety procedures and shall take special care not to endanger themselves and the public in any way. 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, fire, or public-safety emergencies occurring at a City facility, call 9- 1-1 and notify the designated City representative. Report electrical and other facility-maintenance emergencies through the City’s designated emergency contact. PREVAILING WAGES The City will determine the prevailing-wage and related public-works requirements applicable to each assignment. When an assignment is subject to prevailing-wage requirements, the Contractor and its subcontractors shall comply with all applicable requirements, including payment of prevailing wages, DIR registration, apprenticeship requirements, posting, recordkeeping, and certified payroll reporting. Applicable wage determinations are available from the California Department of Industrial Relations at www.dir.ca.gov. The Contractor is responsible for identifying and paying the correct wage rate for each worker classification used to perform an applicable assignment. The on-call agreements may be used for routine electrical maintenance, repair, emergency response, and related operational services within available budget authority. The agreements are not intended for Capital Improvement Program projects or other work that requires separate procurement under the Uniform Public Construction Cost Accounting Act, City Charter, or other applicable law. Individual work orders will be reviewed to determine the appropriate procurement method based on the scope and nature of the work. C. SCHEDULE Preliminary Schedule Tasks 10-21-2026  Release RFQ 11-14-2026  Questions and Answers Due 11-21-2026  Bid Closing By 12-31-2026  Award On-Call Contracts D. GENERAL TERMS AND CONDITIONS PROPOSAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting an SOQ (proposer) shall meet all the terms, and conditions of the Request for Qualifications (RFQ). By virtue of its proposal submittal, the Proposer acknowledges agreement with and acceptance of all provisions of the RFQ. Page 143 of 210 -7- 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 BidNet. However, if you can’t submit electronically, 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. Endorsements are not required until contract award. The City’s insurance requirements are detailed in Exhibit A. 4. Cost Proposal. The Proposer must complete all applicable portions of the Cost Proposal and identify its hourly labor rates, emergency and overtime rates, equipment charges, and any other requested pricing information. Proposed rates must include all costs not separately authorized under the RFQ. 5. Proposal Withdrawal and Opening. A Proposer may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the City’s Procurement contact, or following the applicable BidNet withdrawal procedure. 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. 6. Submittal of One Proposal Only. No individual or business entity may submit more than one proposal, as the prime contractor, except an alternative proposal when specifically requested; However, an individual or business entity that has submitted a subcontractor quote may participate in more than one response. 7. Communications. All timely requests for information submitted through BidNet in writing will receive a written response from the City. Telephone communication with City staff are not encouraged but will be permitted. However, any such oral communication shall not be binding on the City. Only written responses and addenda issued through BidNet Direct are binding. Proposers must not rely on oral statements or informal communications concerning the RFQ. CONTRACT AWARD AND EXECUTION 8. Proposal Retention and Award. The City reserves the right to retain all responses for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any response, 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, and to request clarification or additional information when determined appropriate by the City. See the “special terms and conditions” in Section C of these specifications for proposal evaluation and contract award criteria. Page 144 of 210 -8- 9. Competency and Responsibility of Proposer. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of proposers. Proposers will provide, in a timely manner, all information that the City deems necessary to make such a decision. The City may consider the proposer’s professional qualifications, relevant experience, proposed personnel, available resources, financial capacity, references, past performance, and ability to satisfy the requirements of the Professional Services Agreement. 10. Contract Requirement. The Proposer to whom award is made (Contractor) shall execute a written contract with the City within the period specified in the City’s notice of award. The contract shall be substantially in the form of the Professional Services Agreement attached as Exhibit A. 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 Page 145 of 210 -9- E. SPECIAL TERMS AND CONDITIONS 1. Contract Award. The contract will be awarded to the most qualified Proposer that, in the City’s sole discretion, submits the proposal or statement of qualifications determined to be most advantageous to the City under the evaluation and selection criteria stated in this Solicitation. Award will not be based solely on the lowest proposed price. 2. Ability to Perform. 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 most qualified, responsive proposer and to accept the next acceptable proposal from a proposer that is not experiencing a labor action, and to declare it to be the most qualified, responsive proposer. 3. 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; ; and an award may be made to the next highest ranked, responsible, responsive proposer who shall fulfill every stipulation as if it were the party to whom the first award was made. 4. Contract Term. The anticipated term of the on-call contract is for five-years with a one-year extension option, unless earlier terminated or extended in accordance with the Agreement. The Contractor shall complete the services within the schedule established in the executed Agreement. 5. Additional Services. The Contractor shall not perform services outside the approved scope of work without prior written authorization from the City. Any additional services must be authorized in accordance with the amendment provisions of the Professional Services Agreement. 6. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form provided in the RFP package. 7. Contractor Invoices. Contractor shall submit invoices in accordance with the Professional Services Agreement. Unless otherwise specified, invoices shall be submitted monthly and shall identify the services performed, applicable tasks or deliverables, personnel and hours when relevant, reimbursable expenses, current charges, and total compensation billed to date on the project. 8. Non-Exclusive Contract. The City reserves the right to obtain the same or similar professional services from other Contractors during the term of the Agreement. Unless expressly stated otherwise, the Agreement does not guarantee the Contractor a minimum amount of work. 9. Start and Completion of Work. Work on on-call projects shall begin after the City provides authorization to proceed. The Contractor shall perform and complete the services in accordance with the schedule established in the quote/proposal in accordance with the City’s contract terms in Exhibit A. 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. Page 146 of 210 -10- PROPOSAL CONTENT FORM A: Cost Proposal including completed cost schedule and equipment rate schedule FORM B: Qualifications and Technical Response, including references and the Statement of Past Contract Disqualifications Page 147 of 210 -11- FORM A: Cost Proposal to Furnish Electrical On-Call Services COST PROPOSAL FOR ON-CALL ELECTRICAL SERVICES ______________________________________________________ (“Proposer”) submits this Cost Proposal to the City of San Luis Obispo (“City”) in response to the Request for Qualifications for On-Call Electrical Maintenance, Repair, and Operational Support Services. 1. Cost Proposal Proposer offers to provide on-call electrical services for the rates stated in the attached Cost Schedule. The initial rates will remain firm for the first year of the agreement. Thereafter, the Contractor may request one annual rate adjustment not exceeding the applicable annual percentage change in the Consumer Price Index for All Urban Consumers for the Los Angeles-Long Beach-Anaheim area. Any rate adjustment is subject to the City’s written approval and will not apply retroactively. 2. Proposer’s Representations By signing and submitting this Cost Proposal, the Proposer represents that:  Proposer has thoroughly examined the RFQ documents and has requested clarification of any identified ambiguity or discrepancy.  Proposer is fully qualified to perform the services described in the RFQ.  Proposer has carefully reviewed its response and is responsible for the accuracy and completeness of its submitted information and pricing. This Cost Proposal is submitted on _______________________________. Signature of Authorized Proposer Representative Name/Title Company Name CSLB License No. & Expiration California Department of Industrial Relations Registration Number and Expiration Date Address Email Phone Page 148 of 210 -12- FORM A COST SCHEDULE Contractor Name: _______________________________ Disclose every proposed charge in this Cost Schedule or an attached equipment rate schedule. Enter “$0” or “Included” when a charge is included in a labor rate. Charges not disclosed here or otherwise expressly authorized by the City will not be payable. Item # Item Hourly Rate Comments 1 Apprentice – Regular Time 2 Journeyman Electrician — Regular Time 3 Manager or Superintendent — Regular Time 4 Other Labor Classification — Regular Time 5 Apprentice – Overtime 6 Other Labor Classification — Overtime 7 Apprentice — Saturday Sunday or Holiday 8 Journeyman Electrician — Saturday Sunday or Holiday 9 Apprentice — Emergency Response 10 Journeyman Electrician — Emergency Response 11 Equipment Charges See schedule Attach equipment rate schedule 12 Service-Call or Minimum Charge State minimum billable hours and when applicable 13 Travel or Mobilization Charge State when applicable; enter $0 if included in labor rates Page 149 of 210 -13- 14 Journeyman Electrician - Overtime Parts/Materials may be marked up no more than 10% of the documented cost By signing below, the Proposer confirms that:  The rates in the Cost Schedule are fully burdened except for separately identified and authorized charges.  The Cost Proposal will remain valid for 60 days after the response deadline.  The Proposer acknowledges receipt of the following RFQ addenda: Contractor Name: _____________________ Authorized Representative: _____________________ Signature: _____________________ Date: _____________________ Page 150 of 210 -14- FORM B Response to Technical Questions On-Call Electrician 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 public agencies and/or private companies. 3. Describe your firm’s experience providing routine maintenance, troubleshooting, emergency response, and electrical repairs at occupied facilities. 4. Describe your firm’s capabilities and experience with the following, identifying any services that would be performed by a subcontractor: a. Low-voltage data cabling and fiber-optic systems; b. Pumps, motors, controls, and treatment-plant electrical systems; and c. Medium-voltage systems up to 12 kV. Complete the three reference forms included with this RFQ. References should demonstrate successful performance of on-call electrical services of similar scope and complexity within the last five years. The City may contact the listed references and consider information concerning work quality, responsiveness, cost control, communication, and contract performance. 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 list the following: a. The number and classifications of personnel available to perform City assignments. b. Names and qualifications of key staff including years in the industry and with your firm. c. Applicable licenses, certifications, and specialized training held by key staff. 3. Briefly describe your employee training program and requirements. Service Delivery, Communication Quality Control and Safety 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 how your firm will provide 24-hour emergency availability and mees the response times 3. 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. Page 151 of 210 -15- E. EVALUATION The City will evaluate responses using the following criteria Evaluation Criteria Points Experience and Qualifications 20 Past Performance and References 15 Qualifications of Assigned Staff 10 Service Delivery Communication Quality & Safety 15 Cost Proposal 40 Cost Proposal (40 points) will be evaluated based on the overall competitiveness of the proposed charges, including regular, overtime, and emergency labor rates; service-call minimums; travel or mobilization charges; and equipment rates. No single hourly rate will determine the Cost Proposal score. Page 152 of 210 -16- F. REFERENCES Number of years engaged in providing the services included within the scope of the specifications under the present business name: . Provide three references for contracts completed or currently being performed within the last five years that demonstrate the Proposer’s ability to provide on-call electrical services of similar scope and complexity. Attach additional pages if necessary. 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 Page 153 of 210 -17- 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 Page 154 of 210 -18- G. 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 disqualification as described in the above paragraph to declare? Yes q No q  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 Page 155 of 210 -19- Page 156 of 210 -20- EXHIBIT A: FORM OF AGREEMENT ON-CALL AGREEMENT FOR ELECTRICIAN SERVICES 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 Electrician 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 five years. 2. Cost Increases for On-Call Service Contracts and Contract Extension. Initial labor rates shall remain firm for the first year of the agreement. Thereafter, the Contractor may request one labor-rate adjustment per year, not exceeding the applicable annual percentage change in the Consumer Price Index for All Urban Consumers, All Items, Los Angeles-Long Beach-Anaheim. An adjustment requires the City’s written approval, applies prospectively only, and does not apply to previously authorized work. The term of the contract may be extended by mutual consent for an additional year after the five-year term. 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. Page 157 of 210 -21- 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. 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. Page 158 of 210 -22- 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. 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. Page 159 of 210 -23- 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 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. Page 160 of 210 -24- 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. (a) Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), 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. (b) Non-design, construction Professional Services: To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), 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, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from 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. (c) Design Professional Services: In the event Contractor is a “design professional”, and the Scope of Services require Contractor to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and Page 161 of 210 -25- 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 all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert Contractor and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Contractor, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed by Contractor shall be conclusively deemed to be the negligence, recklessness or willful misconduct of Contractor unless adequately corrected by Contractor. 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. In no event shall the cost to defend charged to Contractor under this paragraph exceed Contractor’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Contractor shall meet and confer with other parties regarding unpaid defense costs. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’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. Contractor’s indemnification obligations under this section extend to any claims arising out of or related to the negligence, recklessness, or willful misconduct of any sub- Contractors/ subcontractors. 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. 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 Page 162 of 210 -26- 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 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 Page 163 of 210 -27- 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 submit invoices monthly for authorized work performed. Each invoice shall identify the applicable purchase order or task order, service location, service date, and work performed. Charges shall be itemized by labor classification, personnel or employee identifier, hours and applicable rates; materials and markup; equipment; and any other authorized charges. When an invoice covers more than one distinct task or system, charges shall be identified separately for each. The Contractor shall provide supporting documentation for material charges exceeding $500, subcontractor charges, and other charges upon City request. For City fiscal-year auditing, invoices for work performed through June 30 shall be submitted by the second full week of July. 35. Payment. The City will pay the Contractor for services authorized by a purchase order or written task order and satisfactorily performed. Compensation shall be based on the labor rates and other charges in the Contractor’s accepted Cost Proposal, subject to the terms of this Agreement. Labor rates are fully burdened and include wages, benefits, overhead, and profit. Materials, equipment, travel, and other charges are payable only to the extent identified in the accepted Cost Proposal or otherwise authorized by the City in writing. 36. The Contractor shall not exceed the amount authorized for an assignment or perform additional billable work without the City’s prior written approval. The Contractor shall correct deficient work at no additional cost to the City. Payment is due within 30 days after the City receives and approves a properly itemized invoice and accepts the services performed. 37. 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). 38. 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, 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. Page 164 of 210 -28- Any dispute concerning a question of fact arising under an audit of this contract that is not dispo sed 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. 39. 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. 40. 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. 41. 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 Electrician Services No [_____] and Contractor’s proposal dated [DATE], the terms in this agreement and City Request for Qualifications Specification No. [___]will govern. 42. 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. Page 165 of 210 -29- 43. 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 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. 44. 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. 45. 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. 46. 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 Page 166 of 210 -30- Page 167 of 210 -31- EXHIBIT A - CONTRACTOR BID PROPOSAL Page 168 of 210 -32- 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 $5,000,000 per occurrence, $10,000,000 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. Page 169 of 210 -33- 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 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 involve 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. Page 170 of 210 -34- Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage, as well as endorsements effecting general liability coverage.. All endorsements are to be received and approved by the City before work commences. Page 171 of 210 Page 172 of 210