HomeMy WebLinkAbout08/03/2001, C-13 - AUTHORIZATION TO DISTRIBUTE REQUEST FOR PROPOSALS (RFP) FOR DESIGN DOCUMENTS AND PERMITS FOR THE U council D�= -
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CITY O F SAN LUIS 0 B I S P O
FROM: Wendy George,Assistant City Administrative Officer v46
Prepared By: Neil HavW Natural Resources Manager
SUBJECT: AUTHORIZATION TO DISTRIBUTE REQUEST FOR PROPOSALS
(RFP) FOR DESIGN DOCUMENTS AND PERMITS FOR THE UPPER
SAN LUIS OBISPO CREEK DAM REMOVAL PROJECT
CAO RECOMMENDATION
1). Appropriate $310,000 in Open Space Funds for the removal of a defunct City-owned dam on
upper San Luis Creek to be fully funded by a California Department of Fish and Game grant.
2). Authorize staff to seek proposals from qualified firms to prepare the necessary contract and
environmental documents to permit removal of the dam as a barrier to fish movements in the creek.
3). Authorize the City Administrative Officer to approve a contract if the total compensation to
the successful proposer for the project is within the budget of$38,500.
DISCUSSION
The upper San Luis Obispo Creek dam is a non-functional water diversion structure built by the
City in the late 1800's or early 1900's as pat of the City's water supply. It is located along
Stagecoach Road just above its intersection with Highway 101 (see attached map). This facility
captured water from San Luis Obispo Creek and diverted it into a pipeline, which conducted that
water,plus water from the nearby Hansen and Gularte Creeks,to the reservoirs at Fox Hollow Road
and the Miossi property. This system was abandoned in the 1950's or early 1960's and has not
functioned since that time. The dam, which is approximately 14 feet high, is filled with sediment
and today constitutes a major barrier to the movement of steelhead and other native fishes in this
area. The City applied for grant funds to effect removal of the dam and was successful in obtaining
a grant from the California Department of Fish and Game of$310,000 for the project. A contract
for the grant has recently been executed, and staff is therefore pursuing the next step in the process,
that of preparing the contract documents and obtaining necessary permits for removal of the dam.
The cost of the project (including removal of all or portions of the dam, sediment removal and
disposal, and revegetation) was estimated by Questa Engineering in August 2000 to be $302,600.
This estimate included design and permitting costs of $25,000 and $10,000 respectively, and
$10,000 for one year's maintenance. Allowing a ten percent contingency for the design and
permitting costs gives the figure of$38,500 for the total cost of this phase of the project.
FISCAL IMPACT
This contract will have a beneficial fiscal effect by providing outside funding support for an
identified City enhancement project. Costs of staff support can be absorbed within the existing
C - /3- i
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Council Agenda Report-Authorization of Application for Grant Funds
Page 2
Natural Resource Protection Program budget.
CONCURRENCES
The Utilities Department,which administers the property on which the dam is located, supports this
effort, as removal of the dam is a clear benefit to fishery within San Luis Obispo Creek. The Public
Works Department has provided assistance in preparation of the RFP and anticipates being able to
provide assistance and support for the construction itself. Natural Resources staff, however, has
assumed that it will have the primary responsibility of monitoring the project; the carrying out of
this project has been a major priority in the work program of the City Biologist for the current year.
ALTERNATIVE
The Council could decide not to proceed with the project. This is not recommended,however, as it
would constitute a reversal of previously stated intentions of the Council in this matter.
Attachments
1. Location Map
2. Workscope from Request for Proposals
(Note: The full RFP is available for review in the Council reading file.)
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Project Location Map
City of San Luis Obispo
UPPER SAN LUIS OBISPO CREEK DAM REMOVAL PROJECT
San Luis Obispo, CA.
U. S. G. S. Quadrangle: Lopez Mountain
177= 2,000'
ATTACHMENT 2
SECTION A
DESCRIPTION OF WORK
Background:
San Luis Obispo Creek is a coastal stream which arises from springs in the Santa Lucia
Mountains near the Cuesta pass and flows in a generally southerly direction through the
City of San Luis Obispo, emptying into the pacific Ocean at Avila beach approximately 16
miles from its origin. That portion of the creek above the City of San Luis Obispo flows
through open space lands used primarily for extensive agriculture, and stream habitat
quality is good. In the past this portion of the creek was tapped as a domestic water
supply, due in part its reliability and good quality, however, in the 1950's it was
abandoned as uneconomical. The upper San Luis Obispo Creek dam remains as a
feature of this former use.
The dam, which is approximately 14 ft high, is filled with sediment and constitutes a major
barrier to the movement of steelhead and other native fishes in the area. San Luis
Obispo Creek contains a viable population of southern steelhead and enhancement of
habitat for this population is a high priority locally.
The project location is on San Luis Obispo Creek in the County of San Luis Obispo, just.
upstream of the creek's crossing of Highway 101 at the base of Cuesta Grade (see
attached map). The project site is owned by the City of San Luis Obispo. It is anticipated
that excavated material will be disposed of on a neighboring property for a disposal fee
with no other rights to the land being acquired
Goals:
The upper San Luis Obispo Creek dam will be removed as a barrier to upstream fish
movement. The sediment that has accumulated behind the dam will be excavated and
removed from the site. The profile of the creek bed will be restored to that approximating
the natural gradient, this will be done in such a manner as to facilitate unrestricted fish
passage upstream.
Work Scope:
The City is looking for a qualified consulting firm to complete the construction drawings
and specifications necessary to allow qualified contractors to bid on the project. It is
expected that the project will be completed during a 6-8 week period following June 1st
2002, when creek flows are conducive to in-stream construction work. The scope of-work
will include:
1. Performing all geotechnical studies and reporting necessary to plan and design
removal or circumvention of the dam on San Luis Obispo Creek at Stage Coach
Road. This may include an examination of sample sediments and extant stream
cuts, as well as a geologic reconnaissance using available scientific literature,
maps, and aerial photographs..
C'-13 -
2. Development of Construction Drawings (including plans and specifications) from
recommendations arising from the aforementioned studies; and preparation of a
bid sheet and Engineer's Estimate of construction costs. These should include
details of:
• Specifications for removal of the entire dam, or appropriate portion thereof
to allow unrestricted upstream migration offish.
• Recommendations on diversion of creek flow during removal.
• Channel grade and bank stabilization specifications.
• Details on transportation and disposal of spoils.
• Erosion control and re-vegetation plans for the site following dam removal.
All plans and specifications must conform with City standards and should be
completed using the metric system. All specifications must also be consistent with
pertinent guidelines published in the California Salmonid Stream Habitat
Restoration Manual (CDFG, 1998).
3. Completion of all required environmental documentation and obtaining all permits
necessary for project implementation; including, but not limited to, those required
under the California Environmental Quality Act, National Environmental Protection
Act and the Endangered Species Act.
4. This project is wholly funded by a grant from the California Department of Fish and
Game. Funds of$25,000 are available for the initial design work and development
of construction drawings; $10,000 is available for permitting and preparation of
necessary environmental documentation. Funds of$257,600 are available for the
construction phase of the project, and $10,000 for 12 months maintenance of the
site following project completion. Bids for the construction phase of the project will
be solicited in a subsequent RFP. No additional funding for this project is
anticipated at this time.
SECTION B
GENERAL TERMS AND CONDITIONS
Proposal Requirements
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal
shall meet all of the terms, and conditions of the Request for Proposals (RFP)
specifications package. By virtue of its proposal submittal, the proposer
acknowledges agreement with and acceptance of all provisions of the RFP
specifications.
2. Proposal Submittal. Each proposal must include the form(s) provided in the
specifications and accompanied by any other required submittals or supplemental
materials. Proposal documents shall be enclosed in an envelope that shall be
sealed and addressed to the Public Works Department, City of San Luis Obispo,
City of
MiN san luis ompo
990 Palm Street 0 San Luis Obispo,CA 93401
Notice Requesting Proposals for
Environmental., Design Services & Engineering Services
The Upper San Luis Obispo Creek Dam Removal Project
tion No
Specification
The City of San Luis Obispo is requesting sealed proposals to complete the necessary
environmental, design and engineering services to remove an existing dam on upper San
Luis Obispo Creek at Stage Coach Road. All proposals must be received by the City by
3:00 P.M. September 16th, 2001, when they will be opened publicly in the Community
Development Conference Room, 955 Morro Street, San Luis Obispo, CA 93401.
Proposals received after said time will not be considered.
Each proposal shall be submitted to the Public Works Department in a sealed envelope
plainly marked with the proposal title, specification number, proposer name, and time and
date of the proposal opening. Proposals shall include the forms provided in the
specification package.
A list of companies who have obtained a copy of the proposal can be found on the City's
web site under www.slocity.org/finance/bids.asp. Select the project from the list.. The
RFP list is at the bottom of the project page.
Specification packages may be obtained by faxing your request to (805) 781-7198.
Additional information may be obtained by contacting (805) 781-7123. Questions
regarding the project can be directed to Neil Havlik at (805) 781-7211. A site visit has
been scheduled for Monday 20th August 2001 at 10:00 am, contact Michael Clarke at
(805) 781-7511 for details.
RECEIVED
JUL 3 0 20PI
SLO CITY COUNCIL
TABLE OF CONTENTS
DESCRIPTIONOF WORK................................................................................................3
GENERAL TERMS AND CONDITIONS............................................................................4
ProposalRequirements..................................................................................................4
Contract Award And Execution ......................................................................................6
SPECIAL TERMS AND CONDITIONS..............................................................................8
ProposalContent...........................................................................................................8
Proposal Evaluation & Selection....................................................................................8
Proposal Review &Award Schedule..............................................................................9
AGREEMENT..................................................................................................................10
INSURANCE REQUIREMENTS......................................................................................16
PROPOSAL SUBMITTAL FORM ....................................................................................18
REFERENCES................................................................................................................19
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS.........................................20
LOCATIONMAP .............................................................................................................21
2
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1
SECTION A
DESCRIPTION OF WORK
Background:
San Luis Obispo Creek is a coastal stream which arises from springs in the Santa Lucia
Mountains near the Cuesta pass and flows in a generally southerly direction through the
City of San Luis Obispo, emptying into the pacific Ocean at Avila beach approximately 16
miles from its origin. That portion of the creek above the City of San Luis Obispo flows
through open space lands used primarily for extensive agriculture, and stream habitat
quality is good. In the past this portion of the creek was tapped as a domestic water
supply, due in part its reliability and good quality, however, in the 1950's it was
abandoned as uneconomical. The upper San Luis Obispo Creek dam remains as a
feature of this former use.
The dam, which is approximately 14 ft high, is filled with sediment and constitutes a major
barrier to the movement of steelhead and other native fishes in the area. San Luis
Obispo Creek contains a viable population of southern steelhead and enhancement of
habitat for this population is a high priority locally.
The project location is on San Luis Obispo Creek in the County of San Luis Obispo, just
upstream of the creek's crossing of Highway 101 at the base of Cuesta Grade (see
attached map). The project site is owned by the City of San Luis Obispo. It is anticipated
that excavated material will be disposed of on a neighboring property for a disposal fee
with no other rights to the land being acquired
Goals:
The upper San Luis Obispo Creek dam will be removed as a barrier to upstream fish
movement. The sediment that has accumulated behind the dam will be excavated and
removed from the site. The profile of the creek bed will be restored to that approximating
the natural gradient, this will be done in such a manner as to facilitate unrestricted fish
passage upstream.
Work Scope:
The City is looking for a qualified consulting firm to complete the construction drawings
and specifications necessary to allow qualified contractors to bid on the project. It is
expected that the project will be completed during a 6-8 week period following June 1St
2002, when creek flows are conducive to in-stream construction work. The scope of work
will include:
1. Performing all geotechnical studies and reporting necessary to plan and design
removal or circumvention of the dam on San Luis Obispo Creek at Stage Coach
Road. This may include an examination of sample sediments and extant stream
cuts, as well as a geologic reconnaissance using available scientific literature,
maps, and aerial photographs.
3
2. Development of Construction Drawings (including plans and specifications) from
recommendations arising from the aforementioned studies; and preparation of a
bid sheet and Engineer's Estimate of construction costs. These should include
details of:
• Specifications for removal of the entire dam, or appropriate portion thereof
to allow unrestricted upstream migration of fish.
• Recommendations on diversion of creek flow during removal.
• Channel grade and bank stabilization specifications.
• Details on transportation and disposal of spoils.
• Erosion control and re-vegetation plans for the site following dam removal.
All plans and specifications must conform with City standards and should be
completed using the metric system. All specifications must also be consistent with
pertinent guidelines published in the California Salmonid Stream Habitat
Restoration Manual (CDFG, 1998).
3. Completion of all required environmental documentation and obtaining all permits
necessary for projectimplementation; including, but not limited to, those required
under the California Environmental Quality Act, National Environmental Protection
Act and the Endangered Species Act.
4. This project is wholly funded by a grant from the California Department of Fish and
Game. Funds of$25,000 are available for the initial design work and development
of construction drawings; $10,000 is available for permitting and preparation of
necessary environmental documentation. Funds of$257,600 are available for the
construction phase of the project, and $10,000 for 12 months maintenance of the
site following project completion. Bids for the construction phase of the project will
be solicited in a subsequent RFP. No additional funding for this project is
anticipated at this time.
SECTION B
GENERAL TERMS AND CONDITIONS
Proposal Requirements
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal
shall meet all of the terms, and conditions of the Request for Proposals (RFP)
specifications package. By virtue of its proposal submittal, the proposer
acknowledges agreement with and acceptance of all provisions of the RFP
specifications.
2. Proposal Submittal. Each proposal must include the form(s) provided in the
specifications and accompanied by any other required submittals or supplemental
materials. Proposal documents shall be enclosed in an envelope that shall be
sealed and addressed to the Public Works Department, City of San Luis Obispo,
4
955 Morro Street, San Luis Obispo, CA, 93401. In order to guard against
premature opening, the proposal should be clearly labeled with the proposal title,
specification number, name of proposer, 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
proposer's insurance coverage during proposal evaluation; as discussed below,
endorsements are not required until contract award. The City's insurance
requirements are detailed in Section E. A proposer's existing 'insurance does not
affect their ranking during the evaluation. However, proper insurance must be
obtained prior to contract execution.
4. Submittal of References. Each proposer shall submit a statement of qualifications
and references on the form provided in the RFP package.
5. 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.
6. 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 Natural Resources Manager for its withdrawal, in which
event the proposal will be returned to the proposer unopened. No proposal
received after the time specked or at any place other than that stated in the
"Notice Requesting Proposals" will be considered. All proposals will be opened
publicly. Proposers or their representatives are invited to be present at the
opening of the proposals.
7. Submittal of One Proposal Only. No individual or business entity of any kind shall
be allowed to make or file, or to be interested in more than one proposal, except
an alternative proposal when specifically requested; however, an individual or
business entity that has submitted a sub-proposal to a proposer submitting a
proposal, or who has quoted prices on materials to such proposer, is not thereby
disqualified from submitting a sub-proposal or from quoting prices to other
proposers submitting proposals.
8. Communications. All timely requests for information submitted in writing will
receive a written response from the City. Telephone communications with City
staff are not encouraged, but will be permitted. However, any such oral
communication shall not be binding on the City.
5
Contract Award And Execution
9. Proposal Retention and Award. The City reserves the right to retain all proposals
for a period of 60 days for examination and comparison. The City also reserves
the right to waive non-substantial irregularities in any proposal, to reject any
or all proposals, to reject or delete one part of a proposal and accept the
other, except to the extent that proposals are qualified by specific
limitations. See the "Special Terms and Conditions" in Section C of these
specifications for proposal evaluation and contract award criteria.
10. 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.
11. Contract Requirement. The proposer to whom award is made (Consultant) shall
execute a written contract with the City within ten (10) calendar days after notice of
the award has been sent by mail to it at the address given in its proposal. The
contract shall be made in the form adopted by the City and incorporated in these
specifications.
12. Insurance Requirements. The Consultant shall provide proof of insurance and
required certificates in the form, coverage and amounts specified in Section E of
these specifications within 10 (ten) calendar days after notice of contract award as
a precondition to contract execution.
13. Business Tax. The Consultant must have a valid City of San Luis Obispo
business tax certificate before execution of the contract. Additional information
regarding the City's business tax program may be obtained by calling (805) 781-
7134.
14. 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. Proposers 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 proposer and all sub consultants named in
its proposal shall bear sole responsibility for proposal preparation errors resulting
from any misstatements or omissions in the plans and 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
plans and specifications will be as determined by law, any patent ambiguity or
defect shall give rise to a duty of proposer to inquire prior to proposal submittal.
Failure to so inquire shall cause any such ambiguity or defect to be construed
against the proposer. An ambiguity or defect shall be considered patent if it is of
such a nature that the proposer, 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 proposer or sub consultants to notify City in writing of
6
specification or plan defects or ambiguities prior to proposal submittal shall waive
any right to assert said defects or ambiguities subsequent to submittal of the
proposal.
To the extent that these specifications constitute performance specifications, the
City shall not be liable for costs incurred by the successful proposer 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 plans and/or specifications, or any
other matter whatsoever, Consultant shall immediately notify the City in writing,
and the Consultant and all sub consultants shall continue to perform, irrespective
of whether or not the ambiguity or defect is major, material, minor or trivial, and
irrespective of whether or not a change order, time extension, or additional
compensation has been granted by City. Failure to provide the hereinbefore
described written notice within one (1) working day of consultant's becoming
aware of the facts giving rise to the dispute shall constitute a waiver of the right to
assert the causative role of the defect or ambiguity in the plans or specifications
concerning the dispute.
7
SECTION C
SPECIAL TERMS AND CONDITIONS
Proposal Content
1. Submittal Forms and General Information
❖ Proposal Submittal Form
❖ Certificate of Insurance
❖ References
❖ Statement of Past Disqualifications
❖ Standard hourly billing rates for the prime and sub-consultant staff anticipated to
be assigned to the project
2. Project Speck Information
❖ Description of your approach to completing the work.
❖ Schedule by phase and task for completing the work.
❖ Clear identification of the staff proposed for the work tasks.
❖ Estimated hours for your staff in performing each major phase of the work,
including sub-consultants.
❖ Experience and qualifications of the companies and staff in performing similar
services.
❖ Experience working on similar projects.
❖ Record of past project Engineer's Estimates as compared to actual final
construction costs.
❖ Current staff work load
❖ Services or data you anticipate to be provided by the City.
❖ Any other information that would assist us in making this contract award decision.
3. Proposal Length & Number of Copies
❖ Proposals should be the minimum length necessary to provide the requested
information.
❖ 3 copies of the proposal must be submitted.
❖ The City requests that recyclable materials be used for generating proposals when
possible. Minimize the use of plastic/laminated sheets and color photos. The City
cannot recycle these materials.
Proposal Evaluation & Selection
Proposals will be evaluated by a review committee and ranked in accordance to the point
system established in this specification. Where one proposal is rated consistently higher
than the others, that consultant will be selected as the top ranking consultant for contract
negotiations.
Consultants will be ranked on the following criteria as evidenced in their written
proposals:
points
25 Depth of understanding of the work involved to bring the project to
completion.
8
25 Company & staff experience on similar projects, including redundancy of
staff on key design components.
20 Sub consultant company & staff experience on similar projects, including
redundancy of staff on key design components.
10 Experience with similar projects and procedures
10 Cost estimating record
10 Availability of staff to complete project on a short time line
100
Where proposals receive similar rankings, the review committee will select the top
proposers for either, a follow-up interview and presentation, or written responses to
questions from staff on areas unclear in the proposal.
Where interviews are held, final candidates will make an oral presentation to the review
committee and answer questions about their proposal. The purpose of this second
phase is two-fold: to clarify and resolve any outstanding questions or issues about the
proposal; and to evaluate the proposer's ability to clearly and concisely present
information.
Final candidates will submit proposed compensation costs for the work, including a
proposed payment schedule tied to accomplishing key project milestones or tasks.
Additional costs associated with oversight of sub-consultant work should be 'identified by
work item and not as a markup on the sub-consultants work.
After evaluating the proposals and discussing them further with the finalists or the
tentatively selected consultant, the City reserves the right to further negotiate the
proposed work scope and/or method and amount.of compensation. If the City is unable
to come to an agreement on the terms of the contract or the amount of compensation, the
City reserves the right to negotiate with the next highest ranking consultant.
Contract award will be based on a combination of factors that represent the best overall
value for completing the work scope as determined by the City, including: the written
proposal criteria described above; results of background and reference checks; results
from the interviews and presentations phase; and proposed compensation.
Proposal Review& Award Schedule
Issue RFP for design and specification work 8/01/01
Receive proposals 9/10
Complete proposal evaluation 9/20
Conduct finalist interviews 10/8 (as needed)
Make final amendments and request complete cost proposal 10/15 (as needed)
Award contract 10/22
Execute contract 11/5
Start work on design and specifications 11/12
Complete work on design and specifications 2/12/02
Issue RFP for engineering work 3/1
Start engineering work 6/1
9
SECTION D
AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day
of , 2001 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation,
hereinafter referred to as City, and , hereinafter referred to as Consultant.
WITNESSETH:
WHEREAS, on September 1, 2001, City requested proposals for design services for the Upper San
Luis Obispo Creek Dam Removal in the City of San Luis Obispo per Specification No.
WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted by City
for said services.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first
written above, until acceptance or completion of said services. The Consultant is authorized to begin work
upon receipt of the signed agreement. No payment will be made for any work performed prior to approval
of this contract. The 100% submittal, ready for construction advertising is to be to the City by February 12,
2002.
2. EXTENSIONS. An appropriate extension of time will be allowed in the case of unavoidable delays.
3. WORK DELAYS. Should the Consultant be obstructed or delayed in the work required to be done
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire,
earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to
federal government restrictions arising out of defense or war programs, then the time of completion may, at
the City's sole option, be extended for such periods as may be agreed upon by the City and the Consultant.
In the. event that there is insufficient time to grant such extensions prior to the completion date of the
contract, the City may, at the time of acceptance of the work, waive liquidated damages that may have
accrued for failure to complete on time, due to any of the above, after.hearing evidence as to the reasons
for such delay, and making a finding as to the causes of same..
4. AGREEMENT PARTIES.
City: Consultant:
Michael Clarke [ ]
City of San Luis Obispo [ ]
990 Palm Street [ ]
San Luis Obispo, CA 93401 [ ]
5. WORK TO BE PERFORMED. Consultant shall complete the environmental, design and permitting
services necessary to bring the project to construction in a short time frame as outlined in the Request for
Proposals. This includes completion and approval of geotechnical studies, completion and approval of all
studies needed for the environmental report and permitting application as identified in the PES as "Yes" or
"to be Determined", completion and approval of the environmental document, obtaining all regulatory
agency permits and clearances, appraising and acquiring all necessary construction easements or rights of
entry required to complete the project. Final quantities and estimates shall be reviewed by an independent
third party. All federal requirements and clearances will have to be obtained as required.
The Consultant project manager shall provide monthly email updates as to the status of the project and any
difficulties encountered.
10
6. STANDARDS. Plans shall be prepared using the City's standard border and cover sheets.
7. CONSULTANT ENDORSEMENT. The responsible consultant shall stamp and sign all plans,
specifications, estimates and engineering data furnished by the Consultant where appropriate.
8. REQUIRED DELIVERABLE PRODUCTS. The Consultant will be required to provide:
a. 1 hard copy of draft studies completed for the project
b. 3 hard copies of final studies completed for the project
c. 1 hard copy of all design and quantity calculations
d. 2 hard copies of the 50%draft plan and preliminary cost estimate for review.
e. 2 hard copies of the 95% plan, specification and estimate for review.
f. One stamped original hard copy of the 100% plans, ink on Mylar, and stamped technical
specifications for each construction phase
g. One electronic copy of the final plans, specifications and estimate
❖ All final products shall include a digital copy. The Consultant must provide the corresponding computer
files to the City, compatible with the following programs.
Word Processing Word
Spreadsheets Excel
Computer Aided Drafting AutoCAD
❖ Computer files must be on 3%", high-density, write-protected diskettes or CD, formatted for use on
IBM-compatible systems. Each disk must be clearly labeled. Files may be emailed to the City if they are
not overly large.
9. ATTENDANCE AT MEETINGS AND HEARINGS. As part of the work scope and included in the
contract price is attendance by the Consultant at public meetings as necessary, to present and discuss its
findings and recommendations. Consultant shall attend as many "working" meetings with staff and site
visits as are necessary to perform work scope tasks.
10. OWNERSHIP OF MATERIALS. All original drawings, plan documents and other materials prepared
by or in possession of the Consultant 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.
11. RELEASE OF REPORTS AND INFORMATION. Any reports, information, data, or other material given
to, prepared by or assembled by the Consultant as part of the work or services under these specifications
shall be the property of City and shall not be made available to any individual or organization by the
Consultant without the prior written approval of the City.
12. COPIES OF REPORTS AND INFORMATION. If the City requests additional copies of reports,
drawings, specifications, or any other material in addition to what the Consultant is required to furnish in
limited quantities as part of the work or services under these specifications, the Consultant shall provide
such additional copies as are requested, and City shall compensate the Consultant for the costs of
duplicating of such copies at the Consultant's direct expense.
13. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and
Consultant shall receive therefor compensation in a total sum not to exceed $_
Progress payments shall be made on a monthly basis as invoiced by Consultant with cumulative monthly
payments not to exceed:
$ (70%of total) prior to 50% submittal;
$ (90%of total) prior to 95% submittal;
$ (95% of total) prior to 100%submittal; and
$ (100%of total) prior to completion of construction.
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The 5% retention until completion of construction, shall be released upon completion of design if the City
fails to authorize the advertising for construction within 3 months following the acceptance of a complete
final submittal by Consultant.
Consultant shall be reimbursed for hours worked at the hourly rates attached to this agreement. Hourly
rates include direct salary costs, employee benefits, overhead and fee. In addition, Consultant shall be
reimbursed for direct costs other than salary and vehicle costs that have been identified and are attached
to this agreement. Consultant's personnel shall be reimbursed for per diem expenses at a rate not to
exceed that currently authorized for State employees under State Department of Personnel Administration
rules.
14. 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 Consultant (Net
30).
15. PERMIT AND FILING FEES. The Consultant shall procure all permits and licenses, pay all charges
and fees, and give all notices necessary as they pertain to the completion of the Consultants work
16. PENALTIES. City staff will review any documents or materials provided by the Consultant and, where
necessary, the Consultant will be required to respond to staff comments and make such changes as
deemed appropriate. In each case a staff comment is not responded to or a change requested is not made
or responded to, the City will permanently deduct$100.00 from the payment owed the Consultant.
17. ABILITY TO PERFORM. The Consultant warrants that it possesses, or has arranged through
subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and
complete the work hereunder in compliance with any and all federal, state, county, city, and special district
laws, ordinances, and regulations.
18. CONTRACT ASSIGNMENT. The Consultant shall not subcontract, 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.
19. RECORD RETENTION AND AUDIT. The Consultant shall maintain all books, documents, papers,
accounting records and other information pertaining to costs incurred for a period of four years after the
final payment of the contract. Documents may be microfilmed. Authorized representatives of the City,
State or Federal agency shall have the option of inspection and/or auditing all records and other written
material used by the consultant in preparing its invoices to the City either before or after any payment to the
Consultant.
20. INSPECTION. The Consultant shall furnish City with every reasonable opportunity for City to ascertain
that the services of the Consultant are being performed in accordance with the requirements and intentions
of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection
and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its
contract requirements.
21. LAWS TO BE OBSERVED. The Consultant shall keep itself fully informed of and shall observe and
comply with all applicable state and federal laws and County and City of San Luis Obispo ordinances,
regulations and adopted codes during its performance of the work.
22. PAYMENT OF TAXES. The contract prices shall include full compensation for all taxes that the
Consultant is required to pay..
23. SAFETY PROVISIONS. The Consultant 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 Consultant's operations create a condition
hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect
and maintain such fences, temporary railings, barricades, lights, signs and other devices and take.such
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other protective measures as are necessary to prevent accidents or damage or injury to the public and
employees.
25. PRESERVATION OF CITY PROPERTY. The Consultant shall provide and install suitable safeguards,
approved by the City, to protect City property from injury or damage. If City property is injured or damaged
resulting from the Consultant's operations, it shall be replaced or restored at the Consultant's expense.
The facilities shall be replaced or restored to a condition as good as when the Consultant began work.
26. IMMIGRATION ACT OF 1986. The Consultant warrants on behalf of itself and all sub consultants
engaged for the performance of this work that only persons authorized to work in the United States
pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in
the performance of the work hereunder.
27. COMPLIANCE WITH LAWS AND WAGE RATES. The Consultant is required to comply with all
Federal, State, and local laws and ordinances applicable to the work. This includes compliance with
prevailing wage rates and their payment in accordance with California Labor Code, Section 1775.
28. CONSULTANT NON-DISCRIMINATION. In the performance of this work,the Consultant agrees that it
will not engage in, nor permit such sub consultants as it may employ, to engage in discrimination in
employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or
religion of such persons.
29. INTERESTS OF CONSULTANT. The Consultant covenants that it presently has no interest, and shall
not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the
performance of the work hereunder. The Consultant further covenants that, in the performance of this
work, no sub consultant or person having such an interest shall be employed. The Consultant certifies that
no one who has or will have any financial interest in performing this work is an officer or employee of the
City. It is hereby expressly agreed that, in the performance of the work hereunder, the Consultant shall at
all times be deemed an independent consultant and not an agent or employee of the City.
30. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he/she has not employed
or retained any company or person, other than a bona fide employee working for the consultant, to solicit or
secure this agreement, and that he/she has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission , percentage, brokerage fee, gift, or any other consideration,
contingent upon or resulting from the award or formation of this agreement. For breach or violation of this
warranty, the Local Agency shall have the right to annul this agreement without liability, or at is discretion to
deduct from the agreement price or consideration or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
31. HOLD HARMLESS AND INDEMNIFICATION. The Consultant agrees to defend, indemnify,
protect and hold the City and its agents,officers and employees harmless from and against any and
all claims asserted or liability established for damages or injuries to any person or property,
including injury to the Consultant's employees, agents or officers that arise from or are connected
with or are caused or claimed to be caused by the acts or omissions of the Consultant, and its
agents, officers or employees, in performing the work or services herein, and all expenses of
investigating and defending against same; provided, however, that the Consultant's duty to
indemnify and hold harmless shall not include any claims or liability arising from the established
negligence or willful misconduct of the City, its agents, officers or employees.
32. RESOLUTION OF DISPUTES. It is the intention of this contract that differences between the parties
arising under and by virtue of the contract be brought to the attention of the City at the earliest possible
time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The
Consultant hereby agrees that he shall have no right to additional compensation for any claim that may be
based on any such act, failure to act, event, thing or occurrence for which no written final claim is filed.
In the event that claims arise under this contract that have not been resolved at the time of the Consultant's
Final Submittal, the Consultant shall submit a final written claim with the Final Submittal. The final written
claim shall be in sufficient detail to enable the City to ascertain the basis and amount of said claims. The
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City shall issue a final written determination of the claim within 30 days of receipt of the claim. These
Contract Claims procedures prescribed herein shall be separate from and in addition to the claim
procedure under the California Tort Claim Act (Government Code Section 900, et seq.). The Consultant's
receipt of the City's Final Determination shall constitute the accrual of the cause of action under the
California Tort Claims Act. Before filing any claim pursuant to these contract provisions, the Consultant
should review the California False Claims Act(Government Code Sections 12650-12655)
Neither the pendency of a dispute nor its consideration by the City will excuse the Consultant from full and
timely performance in accordance with this agreement.
33. TERMINATION. If, during the term of the contract, the City determines that the Consultant is not
faithfully abiding by any term or condition contained herein, the City may notify the Consultant in writing of
such defect or failure to perform. This notice must give the Consultant a 10 (ten) calendar day notice of
time thereafter in which to perform said work or cure the deficiency.
If the Consultant has not performed the work or cured the deficiency within the ten days specified in the
notice, such shall constitute a breach of the contract and the City may terminate the contract immediately
by written notice to the Consultant to said effect. Thereafter, neither party shall have any further duties,
obligations, responsibilities, or rights under the contract except, however, any and all obligations of the
Consultants surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any
manner waived by the termination thereof.
In said event, the Consultant shall be entitled to the reasonable value of its services performed from the
beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus
any offset from such payment representing the City's damages from such breach. "Reasonable value"
includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or
completed by the Consultant as may be set forth in the Agreement payment schedule; compensation for
any other work, services or goods performed or provided by the Consultant shall be based solely on the
City's assessment of the value of the work-in-progress in completing the overall work scope.
The City reserves the right to delay any such payment until completion or confirmed abandonment of the
project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting
of costs. In no event, however, shall the Consultant be entitled to receive in excess of the compensation
quoted in its proposal.
34. 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 of the City of San Luis Obispo.
35. 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.
36. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid
by registered or certified mail to the project manager.
37. AUTHORITY TO EXECUTE AGREEMENT. Both City and Consultant do covenant that each individual
executing this agreement on behalf of each party is a person duly authorized and empowered to execute
Agreements for such party.
The agreement shall not be executed and in effect until the Consultant has submitted the necessary
insurance documents and obtained a business tax certificate.
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day
and year first above written.
ATTEST: CITY OF SAN LUIS OBISPO,A Municipal Corporation
By:
City Clerk City Administrative Officer/Mayor
APPROVED AS TO FORM: CONSULTANT
By:
City Attomey
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SECTION E
INSURANCE REQUIREMENTS
The Consultant shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the performance of
the work hereunder by the Consultant, its agents, representatives, employees, or sub consultants.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage(occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1
(any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property
damage. If Commercial General Liability or other form with a,general aggregate limit is used, either
the general aggregate limit shall apply separately to this project/location or the general aggregate
limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to
and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers;
or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be
endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on behalf of the Consultant; products and
completed operations of the Consultant; premises owned, occupied or used by the Consultant; or
automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no
special limitations on the scope of protection afforded to the City, its officers, official, employees,
agents or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees, agents and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees, agents or
volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. The Consultant's insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty
(30)days' prior written notice by certified mail, return receipt requested, has been given to the City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less
than A:VII.
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Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing
maintenance of the required insurance coverage. Original endorsements effecting general liability and
automobile liability coverage required by this clause must also be provided. The endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be
received and approved by the City before work commences.
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PROPOSAL SUBMITTAL FORM
The undersigned declares that she or he:
■ has carefully examined Specification No. �, which is hereby made a part of
this proposal.
is thoroughly familiar with its contents.
® is authorized to represent the proposing firm.
IN agrees to perform the work as set forth in this proposal.
❑ Certificate of insurance attached; insurance company's A.M. Best rating:
Firm Name and Address
Contact Name:
Email: Fax: Phone:
Signature of Authorized Representative
Date:
�s
REFERENCES
Number of years engaged in providing the services included within the scope of the
specifications under the present business name:
Describe fully the last three contracts performed by your firm that demonstrate your ability
to provide the services included with the scope of the specifications. Attach additional
pages if required. The City reserves the right to contact each of the references listed for
additional information regarding your firm's qualifications.
Reference No. 1
Customer Name
Contact Individual
Telephone& FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 2
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 3
Customer Name
Contact Individual
Telephone&.FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
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STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The proposer shall state_ whether it or any of its officers or employees who have a
proprietary interest in it, has ever been disqualified, removed, or otherwise prevented
from bidding on, or completing a federal, state, or local government project because of
the violation of law, a safety regulation, or for any other reason, including but not limited
to financial difficulties, project delays, or disputes regarding work or product quality, and if
so to explain the circumstances.
■ Do you have any 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 Representative
20
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Project Location Map
City of San Luis Obispo
UPPER SAN LUIS OBISPO CREEK DAM REMOVAL PROJECT
San Luis Obispo, CA.
U. S. G. S. Quadrangle: Lopez Mountain
1"= 2,000' 21