HomeMy WebLinkAboutItem 6e - RFQ for Planning Enviromental and Financial Services Item 6e
Department: Community Development
Cost Center: 4003
For Agenda of: 10/20/2026
Placement: Consent
Estimated Time: N/A
FROM: Timmi Tway, Community Development Director
Prepared By: Rachel Cohen, Principal Planner
SUBJECT: REQUEST FOR QUALIFICATIONS FOR PLANNING, ENVIRONMENTAL,
AND FINANCIAL SERVICES
RECOMMENDATION
1. Authorize a Request for Qualifications for on-call planning, environmental, and
financial services to supplement Community Development Department resources;
and
2. Authorize the Community Development Director to execute the agreements
associated with the selected consulting firms; and
3. Authorize the Finance Director to execute and amend Purchase Orders for individual
consultant service contracts in amounts not-to-exceed the authorized project budget
as approved by the Community Development Director.
POLICY CONTEXT
On-call consultants ensure that development projects that support multiple City objectives
are processed in a timely manner. Obtaining on-call consultants is supported by the
Housing and Neighborhood Livability - Healthy, Safe and Affordable and Cultural Vitality,
Economic Resilience, and Fiscal Sustainability Major City Goals as well as the City’s
General Plan, specifically implementation of the Land Use and Housing Elements. In
addition, San Luis Obispo Municipal Code Section 3.24.070(C) requires that the selection
for services provided by professional consultants must be selected from an approved list
of on-call consultants that is established by a formal request for qualifications (RFQ)
approved by City Council.
DISCUSSION
Background
The Community Development Department is due to update its list of on-call consultants,
specifically consultants who specialize in planning, environmental and financial services.
The list was last updated in 2021 and per the City’s Municipal Code Section 3.24.070(C),
a Request for Qualifications (RFQ) are to be conducted at least every five years for on-
call consulting services. On-call consultants support multiple City goals and objectives
including the Housing and Neighborhood Livability - Healthy, Safe and Affordable and
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Item 6e
Cultural Vitality, Economic Resilience, and Fiscal Sustainability Major City Goals as well
as the Land Use and Housing Elements. The RFQ will require consultants to possess a
unique skill set and understanding of policies and standards found in the City’s General
Plan and Municipal Code and compliance with the California Environmental Quality Act
(CEQA). The review of planning applications is based on the City’s General Plan,
Municipal Code, Community Design Guidelines and adopted Spec ific and Area plans, so
firms must be knowledgeable about or become familiar with regulations, ordinances,
policies and guidelines that are unique to the City of San Luis Obispo and reflect the
community’s values.
Consultants add additional resources during periods when there is a high number of
projects of complex projects are proposed, and when activity outpaces available City
resources to timely process permits and large project entitlements. Consultants are also
needed to complete CEQA or financial analysis for projects, which often require unique
professional skillsets that City staff members may not have . Moreover, consultants can
help ensure that high profile projects that support multiple City objectives are processed
in a timely manner.
City staff has used consultants successfully to process the San Luis Ranch Specific Plan
and Avila Ranch Development Plan and associated entitlements and building permits, the
East and West Airport area annexations, the Froom Ranch Specific Plan and associated
annexation, CEQA determinations for numerous projects, and multiple use permits,
development review, and subdivision applications. Staff works directly with consultants to
ensure that institutional knowledge is communicated to the consultant team, projects
meet adopted City land use policies and standards, and continuity is maintained after the
consultant has completed the project.
The RFQ Process
The RFQ will solicit proposals from interested consultants stating their qualifications,
experience, and approach for timely processing of planning applications, entitlements,
financial analysis, and CEQA documentation (Attachment A). After evaluating proposals,
the top consultants will be selected based on their ability to provide the requested
services. Once the selected consultants have entered into an agreement with the City,
these consultants will provide services for individual projects as needed.
The consultants will operate under the conditions of the agreement included in the RFQ.
For planning applications, individual work scopes and fees will be negotiated on a project-
by-project basis. Once a project scope and fee are agreed to, the specific work will then
be authorized via a Purchase Order through the Finance Department. Most of the
contracts will be funded by project applicants, subject to a Planning Services
Authorization and standard 30 percent administrative fee to cover City staff management
and oversight of the consultant.
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Item 6e
Previous Council or Advisory Body Action
On November 16, 2021, City Council authorized the previous 5-year on-call planning and
environmental services request for qualifications to supplement Community Development
Department resources.
Public Engagement
Public notice of this item included the posted agenda and associated agenda report.
Public engagement on individual projects will occur, consistent with City noticing
requirements and the Public Engagement Manual.
CONCURRENCE
The City’s Finance Department concurs with the request.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to the recommended
action in this report, because the action does not constitute a “Project” under State CEQA
Guidelines Section 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2026 - 2027
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $0 $0 $0 $0
State
Federal
Fees
Other:
Total $0 $0 $0 $0
Issuing an RFQ does not obligate any funds for consultant work. When the on -call
agreements are executed by the Community Development Director and projects are
identified requiring consultant services, Purchase Orders will be issued at the discretion
of the Finance Director in an amount not-to-exceed the authorized project budget. As a
result, no monies are expended to keep resources on standby and waiting for work
opportunities to occur.
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Item 6e
ALTERNATIVES
1. Deny the authorization of the RFQ and associated consultant agreements and
Purchase Orders as requested and require that project specific Request for
Proposals (RFPs) be issued for individual projects. The Council could direct staff
to proceed in a more traditional fashion and require RFPs for each individual project.
Issuing RFPs for individual projects would be an ineffective and inefficient approach
because project processing times would increase significantly and would require
additional staff resources to prepare agenda reports for each request. The use of on-
call consultant services is a more efficient and effective approach to reviewing projects
in a timely manner.
2. Deny the authorization of the RFQ and associated consultant agreements and
Purchase Orders as requested and require the use of in -house resources. The
Council could direct staff to complete more of the work in-house. This would be a
departure from current practice and would impact the ability of staff to provide timely
review and processing of certain projects. The current recommendation calls for
consultants to be used thoughtfully and strategically, achieving multiple City objectives
when existing staff resources are exceeded. Furthermore, not all in-house staff have
the training, expertise, or availability to complete some of the required work, such as
Environmental Impact Reports (EIRs) and financial analyses. The ability to use
consultants is critical to timely permit processing.
ATTACHMENTS
A - 2026 RFQ CDD On-Call Planning Consultants
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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 On-Call Planning, Environmental, and Financial Services
The City of San Luis Obispo (City) is requesting qualifications from qualified planning, environmental,
and/or economic and financial consultants to provide On-call Planning, Environmental, and/or Financial
Services for the Community Development Department.
All statements of qualifications must be received via BidNet Direct by _______ at 3 pm PST, when they
will then be opened electronically via BidNet Direct on the proposal end date and time. Late submittals
will not be accepted.
The 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 plainly marked Notice Requesting Qualifications for
On-Call Planning, Environmental, and Financial Services to the Department of Finance, at 990 Palm Street,
San Luis Obispo, CA, 93401, at or before 3pm PST, on _______
Questions regarding this solicitation must be submitted through BidNet Direct by ____________. Please
contact Rachel Cohen, Principal Planner at (805) 781-7574 or rcohen@slocity.org with any questions.
Project packages, addenda, and additional information may be obtained at the City’s BidNet Direct
website at www.BidNetDirect.com.
For technical assistance with BidNet, please contact BidNet technical support at 800-835-4603.
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TABLE OF CONTENTS
A. INTRODUCTION ................................................................................................................................ 1
B. SCOPE OF WORK .............................................................................................................................. 1
C. GENERAL TERMS AND CONDITIONS ................................................................................................ 2
D. SPECIAL TERMS AND CONDITIONS .................................................................................................. 3
E. PROPOSAL SUBMITTAL REQUIREMENTS ......................................................................................... 4
F. ADDITIONAL SERVICES ..................................................................................................................... 7
G. SELECTION PROCESS ........................................................................................................................ 7
H. REFERENCES ..................................................................................................................................... 8
I. STATEMENT OF PAST CONTRACT DISQUALIFICATIONS ................................................................. 10
EXHIBIT A: FORM OF AGREEMENT .............................................................................................................. 11
EXHIBIT B: INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES .................................................... 19
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A. INTRODUCTION
The City of San Luis Obispo (City) wishes to obtain the services of professional planning, environmental,
and/or economic and financial consulting firms (Consultants) to provide on-call planning, environmental,
and/or financial services related to land use entitlement and permit processing, special planning projects,
and California Environmental Quality Act (CEQA) compliance specifically for a governmental agency. Both
comprehensive service and specialty consulting firms are invited to apply. The selected firm(s) will be
issued project-specific purchase orders, and projects will be assigned by the City’s Deputy Director of
Community Development or their designee.
B. SCOPE OF WORK
For planning services, the scope of work may include (a) thorough review of planning applications,
including initial reviews, completeness determinations, and overall project management; (b) meetings
with staff and applicants; (c) preparation of staff reports and environmental review documentation; (d)
presentations to decision makers; and (e) other related tasks. Projects may include development
applications; legislative actions involving the General Plan, Specific Plans, Zone Changes, and/or
Annexations; and special projects such as new or updates to programs and preparation of specialized
analyses. The Consultant shall utilize employees within their firm who are qualified professional planners
with the appropriate level of education and/or experience to prepare and complete the required project
tasks and analysis within the City’s standard review timelines or other timelines determined by the Deputy
Director or their designee.
For environmental services, the scope of work may include preparation of CEQA documentation such as
Initial Studies, Negative Declarations/Mitigated Negative Declarations, and Environmental Impact
Reports. In addition, the work may include preparation of independent technical reports, or peer review
of applicant-provided technical reports, to support the environmental analysis and determination for
resources including, but not limited to, aesthetics, air quality/greenhouse gas emissions, biological
resources, cultural and historic resources, hazards, noise, tribal cultural resources, and wildfire. The
Consultant shall utilize employees within their firm, or subconsultants, who are qualified professionals
experienced in CEQA analysis, documentation, and statutory requirements, and have a general
understanding and knowledge of CEQA case law.
For financial services, the scope of work may include the independent preparation, or peer review of,
economic and financial feasibility and impact studies that accompany development projects; legislative
actions involving the General Plan, Specific Plans, Zone Changes, and/or Annexations; and special projects
such as fee updates. The Consultant shall utilize employees within their firm who are qualified
professionals with experience in local government finances and economic analysis, including, but not
limited to, land use, housing, and economic development policies and municipal financing strategies.
Dependent upon the scope of each specific project assigned, each project may vary in its specific review
requirements. The Deputy Director or their designee will review with the consultant the specific work
scope and processing timing of each project. The City shall provide the consultant with copies of the
General Plan, Zoning Regulations, Subdivision Regulations, Community Design Guidelines, and other
policy and regulatory documents, as necessary.
Projects shall be assigned at the sole discretion of the Deputy Director and the City. The City may use its
own employees and/or other independent Consultants to perform reviews in addition to any such work
assigned to Consultant. The volume of planning projects is dependent upon economic conditions that are
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outside the control of the City. Consequently, there is no guarantee provided as to the minimum or
maximum volume of work that may be assigned to a Consultant within any given time period.
In the course of the project review process, the Consultant shall avoid situations involving an actual or
potential conflict of interest, shall act as an agent and a deputy of the Deputy Director, and shall act in the
interests of the City and the citizens of San Luis Obispo. Consultants shall provide no services for any
private client within the corporate boundaries of the City during the contract period of the assigned
project.
C. GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a statement of
qualifications (proposer) shall meet all the terms, and conditions of this Request for Qualifications (RFQ).
By virtue submitting a response, the Proposer acknowledges agreement with and acceptance of all
provisions of the RFQ specifications.
2. Proposal Submittal. Each response must be submitted with all required documents and
supplemental materials identified in Section E of this RFQ. Proposal documents shall be submitted
electronically via BidNet. However, if you can’t submit electronically, please send a 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,
name of proposer, and date and time of proposal opening.
3. Insurance Requirements. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the proposer’s insurance coverage
during proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until
contract award. The City’s insurance requirements are detailed in Exhibit B to the Agreement (Exhibit A
to the RFP)
4. Proposal Withdrawal and Opening. A proposer may withdraw its proposal, without prejudice
prior to the time specified for the proposal opening, in accordance with the withdrawal procedures
established in BidNet or by submitting a written request to the City’s designated procurement conta ct.
No response received after the time specified or at any place other than that stated in the Notice
Requesting Qualifications will be considered.
5. Submittal of One Proposal Only. No proposer may submit more than one response as the prime
proposer unless alternative responses are expressly requested. A firm participating as a subcontractor
may be included on more than one proposer’s team unless this Solicitation states otherwise.
6. Communications. All timely requests for information must be submitted through BidNet Direct
by the question deadline stated in this Solicitation. Responses affecting the interpretation or requirements
of this Solicitation will be issued in writing through BidNet Direct. Oral statements or communications
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from City officials, employees, or representatives do not modify the Solicitation and are not binding on
the City. Proposers shall not contact members of the evaluation committee or other City officials regarding
this Solicitation except through the communication process identified above.
7. 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 Section G, Selection
Process, in this Solicitation for the evaluation and selection criteria.
8. 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.
9. 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
10. The City’s contract terms and conditions that Contractor will be expected to execute and be bound
by are attached hereto as Exhibit A.
D. SPECIAL TERMS AND CONDITIONS
1. Contract Award. The City may award one or more contracts to qualified Proposers, based on the
evaluation and selection criteria in Section G. 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 Agreement is five-years, subject to the termination
and extension provisions of the executed Agreement.
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5. Contract Extension. The City and Contractor may extend the term of the Agreement by mutual
written agreement, subject to applicable authorization and the terms of the Agreement.
6. 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.
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.
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 assigned projects shall begin after the City issues written
authorization to proceed. The Contractor shall perform and complete the services in accordance with the
schedule established in the Professional Services Agreement.
10. Change in Work. Changes to the scope, schedule, deliverables, or compensation must be
authorized in writing in accordance with the Professional Services Agreement. The Contractor shall not
perform additional or changed services based solely on an oral request or direction.
11. Submittal of References. Each proposer shall submit a statement of qualifications and references
on the form provided in the RFQ package in Section H.
12. 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 RFQ package.
E. PROPOSAL SUBMITTAL REQUIREMENTS
1. Letter of Interest (Five page maximum). Please include in the submittal a letter that introduces
the Consultant, expresses the Consultant's interest in being considered for on-call consulting
services, and clearly identifies the applicable sub-area(s) of interest and expertise. The letter of
interest should include all of the following:
a. Provide the name of the entity and its mailing address, telephone, and email address.
Please describe the organization.
b. Indicate that the Consultant has the availability and time to dedicate the personnel and
resources necessary to provide on-call consulting services.
c. Indicate that the Consultant has the minimum necessary professional qualifications for
successfully performing the work required by the City.
d. Indicate the intention of the Consultant to adhere to the provisions described in the RFQ.
If selected to provide on-call consulting services, the Consultant will be expected to sign
a Professional Services Agreement with the City.
e. Please identify the contact person responsible for the submittal, specifying the name,
title, and contact information.
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f. Please note that the person signing the letter of interest must be a legal representative
of the Consultant authorized to bind the Consultant to an agreement in the event of an
award.
2. Relevant Experience of Key Personnel and the Firm (Ten page maximum)
a. General Firm Information. General firm information including the number of employees,
location of firm headquarters, branch offices, and the number of years in business may
also be provided.
b. Key Personnel Experience. The submittal must identify the key personnel and any
subconsultants that would be assigned if awarded a contract, detailing their
qualifications, areas of expertise, certifications, education, training, a summary of their
past experience performing similar services for the City of San Luis Obispo and/or other
jurisdictions, resumes of key personnel, including key personnel of any subcontractors.
c. Firm Experience. The submittal must describe the firm's pertinent project experience,
including a list of performed relevant projects, past performance, and examples of similar
work for the City or neighboring jurisdictions in California. Identified qualifications should
include the Consultant’s experience in providing on-call planning, environmental, and/or
financial services for local public agencies.
d. Work Program. Provide a brief narrative of the processes that will be employed to
accomplish assigned tasks, for the service areas identified in the submittal, which may
include land use entitlement review and management, special planning projects,
preparation of CEQA documentation and economic feasibility review.
3. Fee Structure. Please include a clear and comprehensive fee schedule, including a detailed
statement of hourly rates for all positions and classifications of individuals involved and
reimbursable expenses.
4. Client References. Consultants must provide a minimum of three (3) client references using the
form in Section H. Include a brief description of the project, provided professional services, and
reference contact name, email, and phone number.
5. Qualifications Length and Copies. Qualifications submittal shall not exceed 60 pages, including
attachments and supplemental materials. The preferred method for submission is electronic via
BidNet. However, if you wish to submit a paper copy, please submit five (5) copies in a sealed
envelope or box to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis
Obispo, California, 93401, by the deadline stated in the Notice Requesting Qualifications. The five-
page letter of interest limit and ten-page relevant experience limit apply within the overall 60-
page limit.
6. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for
proposal review and contract award:
Solicitation issued
Optional pre-proposal conference or site visit
Deadline for questions
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Addendum issued, if applicable
Proposals or statements of qualifications due
Evaluation of written responses
Interviews or presentations, if applicable
Execute Contract
Start Work
7. Ownership of Materials. All original drawings, plan documents and other materials prepared
by or in possession of the Contractor as part of the work or services under these specifications
shall become the permanent property of the City and shall be delivered to the City upon
demand.
8. 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 the City and shall not be made available to any
individual or organization by the Contractor without the prior written approval of the City.
9. 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.
10. Required Deliverable Products. The Contractor will be required to provide:
a. The Contractor shall provide deliverables in the formats stated in the Scope of Work.
Unless otherwise specified, final written deliverables shall be provided electronically in
accessible PDF format.
11. Alternative Proposals. A proposer may submit an alternative proposal (or proposals) that it
believes will also meet the City's project objectives but in a different way. In this case, the
proposer must provide an analysis of the advantages and disadvantages of each of the
alternative and discuss under what circumstances the City would prefer one alternative to the
other(s).
12. Attendance at Meetings and Hearings. As part of the workscope and included in the contract
price is attendance by the Contractor at up to [number] public meetings to present and
discuss its findings and recommendations. Contractor shall attend as many "working"
meetings with staff as necessary in performing work-scope tasks.
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F. ADDITIONAL SERVICES
If there are related services not otherwise identified in the City's RFQ, the Consultant may offer those to
the City for consideration. Submittals are not required to address any additional services in order to be
considered acceptable. Any additional services will be considered only under the evaluation criteria in
Section G and must be authorized in writing before performance.
G. SELECTION PROCESS
Submittals received by the deadline will be reviewed by a selection panel comprised of City staff who have
relevant knowledge and experience. The panel will score the proposals based upon the qualification
materials submitted according to the following criteria:
1. Letter of Interest. Demonstrated capacity and qualifications necessary to provide the consulting
services specified in the RFQ. Demonstrated ability to meet standard City contract and insurance
requirements (Maximum 5 points).
2. Relevant Qualifications and Experience. Demonstrated competence and professional
qualifications necessary for successfully performing the work required by the City. Demonstrated
ability, based on consultant experience and specific experience of key personnel, to provide
professional assistance on the range and types of tasks listed in the RFQ. (Maximum 50 points)
3. Proposed Approach in Completing the Work. Demonstrated understanding of the work required
by the City (Maximum 15 points)
4. Responsiveness to the RFQ. Presentation, completeness, responsiveness, and clarity of
information provided. (Maximum 15 points)
5. Fee Structure. The Consultant's cost competitiveness and reasonableness (Maximum 15 points).
6. Client References. (Pass/Fail)
Total scores will range from zero to 100 points based on the criteria above. Client references will be
evaluated on a pass/fail basis. The City may select one or more Consultants for Professional Services
Agreements and placement on its list of qualified on-call planning, environmental, and economic and
financial consultants. Selection and execution of an Agreement does not guarantee work. The City may
conduct an additional competitive process among qualified Consultants before assigning individual
projects. Services will be provided on an as-needed or on-call basis, subject to written project
authorization.
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H. REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under
the present business name: .
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide
the services included with the scope of the specifications. Attach additional pages if required. The City
reserves the right to contact each of the references listed for additional information regarding your firm's
qualifications.
Reference No. 1:
Agency or Business 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 or Business 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. 3
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Agency or Business 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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I. STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The Consultant shall state whether it or any of its officers or employees who have a proprietary interest
in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a
federal, state, or local government project because of the violation of law, a safety regulation, or for any
other reason, including but not limited to financial difficulties, project delays, or disputes regarding work
or product quality, and if so to explain the circumstances.
Do you have any disqualification as described in the above paragraph to declare?
Yes No
If yes, explain the circumstances.
Executed on at _______________________________________ under penalty of
perjury of the laws of the State of California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Consultant Representative
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EXHIBIT A: FORM OF AGREEMENT
CITY OF SAN LUIS OBISPO
PROFESSIONAL SERVICES AGREEMENT
This agreement (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 and charter city (City) and _________,
hereinafter referred to as Contractor (collectively referred to as the “Parties”).
WITNESSETH:
WHEREAS, on _______, City requested Qualifications for On-Call Planning, Environmental, and
Financial Services; and
WHEREAS, the City wants to engage Contractor for the services, (the “Services”); and
WHEREAS, Contractor is qualified to perform this type of Services and has submitted a written
proposal to do so, which has been accepted by City; and
NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants
hereinafter contained, the Parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first
written above, for five (5) years
2. INCORPORATION BY REFERENCE. City RFQ for On-Call Planning, Environmental, and Financial Services
and Contractor's proposal are hereby incorporated in and made a part of this Agreement, attached as
Exhibit A. The City’s insurance requirements are hereby incorporated in and made part of this
Agreement, attached as Exhibit B. To the extent that there are any conflicts between the Contractor’s
fees and scope of work and the City’s terms and conditions as stated herein, the City’s terms and
conditions shall prevail unless specifically agreed otherwise in writing signed by both Parties.
3. CITY’S OBLIGATIONS. For providing services as specified in this Agreement, and upon receipt of an
invoice, City will pay and Contractor shall receive compensation as set forth in Contractor’s proposal
and pursuant to the Payment Terms in Section 14 of this Agreement.
4. CONTRACTOR’S OBLIGATIONS. For and in consideration of the payments and agreements herein
before mentioned to be made and performed by City, Contractor agrees with City to do everything
required by this Agreement including that work as set forth in Exhibit A.
5. PAYMENT OF TAXES. The contract prices shall include full compensation for all taxes that
Contractor is required to pay.
6. LICENSES AND PERMITS. At all times during the term of this Agreement, Contractor shall have in
full force and effect, all licenses required of it by law for the performance of the Services described
in this Agreement. The Contractor shall procure all permits and licenses, pay all charges and fees,
and give all notices necessary under this Agreement.
7. COMPLIANCE WITH LAW. The Contractor shall keep itself informed of and shall observe and
comply with all applicable State and Federal laws and regulations, and county and City of San Luis
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Obispo ordinances, regulations and adopted codes, which in any manner affect those employed
by Contractor or in any way affect the performance of the Services pursuant to this Agreement.
The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure
of the Contractor to comply with this Section. Failure to comply with local ordinances may result
in monetary fines and cancellation of this Agreement.
8. COMPLIANCE WITH INDUSTRY STANDARD. Contractor shall provide services acceptable to City in
strict conformance with the Agreement. Contractor shall also provide in accordance with the standards
customarily called for under this Agreement using the degree of care and skill ordinarily exercised by
reputable providers of such services. Where approval by the City, the City Manager, the Mayor, or other
representative of City is required, it is understood to be general approval only and does not relieve
Contractor of responsibility for complying with all applicable laws, codes, policies, regulations, and
good business practices.
9. INDEPENDENT CONTRACTOR.
a. Contractor is and shall at all times remain as to the City a wholly independent contractor.
The personnel performing the Services under this Agreement on behalf of Contractor shall
at all times be under Contractor's exclusive direction and control. Neither City nor any of
its officers, employees, or agents shall have control over the conduct of Contractor or any
of Contractor's officers, employees, or agents, except as set forth in this Agreement.
Contractor shall not at any time or in any manner represent that it or any of its officers,
employees, or agents are in any manner officers, employees, or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation, or liability
whatsoever against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with the performance
of this Agreement. Except for the fees paid to Contractor as provided in the Agreement,
City shall not pay salaries, wages, or other compensation to Contractor for performing the
Services hereunder for City. City shall not be liable for compensation or indemnification
to Contractor for injury or sickness arising out of performing services hereunder.
c. Contractor/Contractor’s duties and services under this agreement shall not include
preparing or assisting the public entity with any portion of the public entity’s preparation
of a request for proposals, request for qualifications, or any other solicitation regarding a
subsequent or additional contract with the public entity. The public entity entering this
agreement shall at all times retain responsibility for public contracting, including with
respect to any subsequent phase of this project. Contractor/Contractor’s participation in
the planning, discussions, or drawing of project plans or specifications shall be limited to
conceptual, preliminary, or initial plans or specifications. Contractor/Contractor shall
cooperate with the public entity to ensure that all bidders for a subsequent contract on
any subsequent phase of this project have access to the same information, including all
conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant
to this agreement.
10. 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 Contractor’s operations, it shall be replaced or restored at Contractor’s
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expense. The City’s facilities shall be replaced or restored to a condition as good as when the
Contractor began the work.
11. IMMIGRATION ACT OF 1986. The Contractor warrants on behalf of itself and all subcontractors
engaged for the performance of the Services 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 Services hereunder.
12. NON-DISCRIMINATION. In the performance of the Services, the Contractor agrees that it will not
engage in, nor permit such subContractors as it may employ, to engage in discrimination in
employment of persons because of age, race, color, sex, national origin or ancestry, sexual
orientation, or religion of such persons.
13. PAYMENT TERMS. The City’s payment terms are 30 days from the receipt of an original invoice
and acceptance by the City of the materials, supplies, equipment, or services provided by the
Contractor (Net 30). Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted on or about the first business day of each month, or as soon thereafter
as practical, for services provided in the previous month. Final June invoices shall be received no
later than the 5th business day of July to meet City fiscal year-end deadlines. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City
disputes any of Contractor's fees it shall give written notice to Contractor within thirty (30) days
of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under
this Agreement shall be made within forty-five (45) days of receipt of an invoice, therefore.
14. INSPECTION. City shall at all times have the right to inspect the work being done under this
Agreement and Contractor shall furnish City with every reasonable opportunity and assistance
required for City to ascertain that the Services of the Contractor are being performed in
accordance with the requirements and intentions of this Agreement. 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 under the Agreement.
15. RELEASE OF INFORMATION.
a. All information gained by Contractor in performance of this Agreement shall be
considered confidential and shall not be released by Contractor without City's prior
written authorization. Contractor, its officers, employees, agents, or subContractors, shall
not, without written authorization from the City Manager or unless requested by the City
Attorney, voluntarily provide declarations, letters of support, testimony at depositions,
response to interrogatories, or other information concerning the work performed under
this Agreement. Response to a subpoena or court order shall not be considered
"voluntary" provided Contractor gives City notice of such court order or subpoena.
b. Contractor shall promptly notify City should Contractor, its officers, employees, agents,
or subContractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions, or othe r
discovery request (“Discovery”), court order, or subpoena from any person or party
regarding this Agreement, unless the City is a party to any lawsuit, arbitration, or
administrative proceeding connected to such Discovery, or unless Contractor is
prohibited by law from informing the City of such Discovery. City retains the right, but has
no obligation, to represent Contractor and/or be present at any deposition, hearing, or
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similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or
administrative proceeding and is averse to Contractor in such proceeding, Contractor
agrees to cooperate fully with City and to provide the opportunity to review any response
to Discovery requests provided by Contractor. However, City's right to review any such
response does not imply or mean the right by City to control, direct, or rewrite said
response.
16. CONFLICTS OF INTEREST. Contractor covenants that neither they nor any officer or principal of
their firm have any interest in, or shall acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of the Services hereunder. Contractor
further covenants that in the performance of this Agreement, no person having such interest shall
be employed by them as an officer, employee, agent, or subContractor. Contractor further
covenants that Contractor has not contracted with nor is performing any services, directly or
indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s)
owning property in the City or the study area and further covenants and agrees that Contractor
and/or its subContractors shall provide no service or enter into any agreement or agreements
with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning
property in the City or the study area prior to the completion of the work under this Agreement.
17. OWNERSHIP OF DOCUMENTS.
a. Contractor shall maintain complete and accurate records with respect to sales, costs,
expenses, receipts, and other such information required by City that relate to the
performance of the Services under this Agreement. Contractor shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Contractor shall provide
free access to the representatives of City or its designees at reasonable times to such
books and records; shall give City the right to examine and audit said books and records;
shall permit City to make transcripts or copies therefrom as necessary; and shall allow
inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Such records, together with supporting documents, shall be maintained for a
period of three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this Agreement, all
original documents, designs, drawings, maps, models, computer files, surveys, notes, and
other documents prepared in the course of providing the Services under this Agreement
shall become the sole property of the City and may be used, reused, or otherwise
disposed of by the City without the permission of the Contractor. With respect to
computer files, Contractor shall make available to the City, at the Contractor's office and
upon reasonable written request by the City, the necessary computer software and
hardware for purposes of accessing, compiling, transferring, copying and/or printing
computer files. Contractor hereby grants to City all right, title, and interest, including any
copyright, in and to the documents, designs, drawings, maps, models, computer files,
surveys, notes, and other documents prepared by Contractor in the course of providing
the Services under this Agreement.
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18. INDEMNIFICATION AND DEFENSE. 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
passive negligence, except for such loss or damage arising from the sole or active negligence or
willful misconduct of the City. In the event the City Indemnitees are made a party to any action,
lawsuit, or other adversarial proceeding arising from 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 the ir costs of defense, including reasonable legal fees, incurred in defense
of such claims. 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 the 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.
19. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause, suspend or terminate this
Agreement, or any portion hereof, by serving upon the Contractor at least thirty (30) days prior
written notice. Upon receipt of said notice, the Contractor shall immediately cease all work
under this Agreement, unless the notice provides otherwise. If the City suspends or terminates
a portion of this Agreement such suspension or termination shall not make void or invalidate
the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to
Contractor the actual value of the work performed up to the time of termination, provided that
the work performed is of value to the City. Upon termination of the Agreement pursuant to
this Section, the Contractor will submit an invoice to the City pursuant to Section 14.
20. TERMINATION FOR CAUSE. If, during the term of the Agreement, the City determines 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 ten (10) calendar day notice of time thereafter in which to perform said work or cure the
deficiency.
a. If the Contractor has not performed the work or cured the deficiency within the ten (10)
days specified in the notice, such shall constitute a breach of the Agreement and the City
may terminate the Agreement immediately by written notice to the Contractor to said
effect (“Notice of Termination”). Thereafter, neither party shall have any further duties,
obligations, responsibilities, or rights under the Agreement except to comply with the
obligations upon termination.
b. 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
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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 or services 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
scope.
c. The City reserves the right to delay 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 not to exceed amount shown in this Agreement.
21. INSURANCE. Contractor shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Exhibit B attached to and made part of this Agreement.
22. BUSINESS LICENSE & TAX. The Contractor must have a valid City of San Luis Obispo business
license & tax certificate before execution of the contract. Additional information regarding the
City’s business tax program may be obtained by calling (805) 781-7134.
23. SAFETY PROVISIONS. The Contractor shall conform to the rules and regulations pertaining to
safety established by OSHA and the California Division of Industrial Safety.
24. PUBLIC AND EMPLOYEE SAFETY. Whenever the Contractor 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.
25. UNDUE INFLUENCE. Contractor declares and warrants that no undue influence or pressure was used
against or in concert with any officer or employee of the City in connection with the award, terms or
implementation of this Agreement, including any method of coercion, confidential financial
arrangement, or financial inducement. No officer or employee of the City has or will receive
compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of
Contractor, in connection with the award of this Agreement or any work to be conducted as a result of
this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City
to any and all remedies at law or in equity.
26. 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.
a. As required above, before retaining or contracting with any subContractor for any services
under this Agreement, City must consent to such assignment of performance in writing. For
City to evaluate such proposed assignment, Contractor shall provide City with the identity of
the proposed subContractor, a copy of the proposed written contract between Contractor and
such subContractor, which shall include an indemnity provision similar to the one provided
herein and identifying City as an indemnified party, or an incorporation of the indemnity
provision provided herein, and proof that such proposed subContractor carries insurance at
least equal to that required by this Agreement or obtain a written waiver from City for such
insurance.
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27. AMENDMENT. Any amendment, modification, or variation from the terms of this Agreement shall be
in writing and shall be effective only upon approval by the appropriate review authority according to
the City’s Financial Management Manual. Contractor shall not be compensated for any services
rendered in connection with its performance of this Agreement which are in addition to those set forth
herein, unless such additional services are authorized by the City in advance and in writing.
28. 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. Each party is entering into this Agreement based solely upon the
representations set forth herein and upon each party's own independent investigation of any and all
facts such party deems material.
29. NOTICE. All notices to the Parties hereto under this Agreement shall be in writing and shall be sent
either by (i) personal service, (ii) delivery by a reputable document delivery service, such as, but not
limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) United
States Mail, certified, postage prepaid, return receipt requested. All such notices shall be delivered to
the addressee or addressed as set forth below:
To City: [DEPT]
City of San Luis Obispo
[ADDRESS]
Attention: City Clerk [change or remove if notices are to be
sent to specific department]
To Contractor: Name
Mailing Address
30. 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.
31. 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.
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IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed the day and year first
above written.
CITY CONTRACTOR
_______________________________
By: [Name]
Its: [Title of City Manager or Department Head]
_______________________________
By: [Name]
Its: [Title]
APPROVED AS TO FORM:
_______________________________
By: J. Christine Dietrick, City Attorney
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EXHIBIT B: INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES
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 type and amounts described below, and in a form 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.
Professional liability (errors & omissions) insurance. CONTRACTOR shall maintain professional liability
insurance that covers the Services to be performed in connection with this AGREEMENT, in the minimum
amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or
retroactive date must be before the effective date of this AGREEMENT and CONTRACTOR agrees to
maintain continuous coverage through a period no less than three (3) years after completion of the
services required by this AGREEMENT.
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.
Umbrella or excess liability insurance. CONTRACTOR shall obtain and maintain an umbrella or excess
liability insurance policy with limits that will provide bodily injury, personal injury and property damage
liability coverage at least as broad as the primary coverages set forth above, 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;
Pay on behalf of wording as opposed to reimbursement;
Concurrency of effective dates with primary policies;
Policies shall “follow form” to the underlying primary policies; and
Insureds under primary policies shall also be insureds under the umbrella or excess policies.
Proof of insurance. CONTRACTOR shall provide certificates of insurance to CITY as evidence of the
insurance coverage required herein, along with a waiver of subrogation endorsement for workers’
compensation. Insurance certificates and endorsements must be approved by CITY’s Risk Manager prior
to commencement of performance. Current certification of insurance shall be kept on file with CITY at all
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times during the term of this contract. CITY reserves the right to require complete, certified copies of all
required insurance policies, at any time.
Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property, which may arise from or in connection with
the performance of the Work hereunder by CONTRACTOR, his agents, representatives, employees or
subContractors.
Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-
insurance procured or maintained by CITY shall not be required to contribute with it. The limits of
insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance.
Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage
shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’s own
insurance or self-insurance shall be called upon to protect it as a named insured.
CITY’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does
not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty
to obtain the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed
by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments.
In the alternative, CITY may cancel this AGREEMENT.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized
by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line
Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial
Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless
otherwise approved by the CITY’s Risk Manager.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall
be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials,
employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence
in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR
hereby waives its own right of recovery against CITY and shall require similar written express waivers and
insurance clauses from each of its subContractors.
Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any
actual or alleged failure on the part of the CITY to inform CONTRACTOR of non-compliance with any
requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
Requirements not limiting. Requirements of specific coverage features or limits contained in this Section
are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any party or insured to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONTRACTOR maintains
higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the
higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the CITY.
Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to
provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10)
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day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and
its officers, officials, employees, and agents, and volunteers shall be additional insureds under such
policies. This provision shall also apply to any excess/umbrella liability policies.
Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in
compliance 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 involved with the project who is brought onto or involved in the project by CONTRACTOR,
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. CONTRACTOR agrees
that upon request, all agreements with Contractors, 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. Self-insurance will not be considered to comply with these specifications unless approved by
CITY.
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.
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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