HomeMy WebLinkAbout08/21/2001, C7 - CONSULTANT SERVICES-REQUESTS FOR QUALIFICATIONS/TESTING SERVICES counClt
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C I T Y OF SAN LUIS OBISPO
FROM: Michael D. McCluskey, Director of Public Works
Prepared By: Richard Fisher, Engineering Field Supervisor
SUBJECT`. CONSULTANT SERVICES—.REQUESTS FOR QUALIFICATIONS /
TESTING SERVICES
CAO RECONEWENDATION
1. Approve Requests for Qualifications for Testing of Contaminated Soils & Materials Testing
Services.
2. Authorize the City Administrator to execute an agreement with the top selected consultants
for each field.
3. Authorize the City Administrator to execute purchase orders up to $50,000 for individual
service agreements where funding is available in the project account for those services.
DISCUSSION
Staff uses consultants for two main purposes. The first is to complete work for which there is no
internal expertise. The second is to allow project work to continue or be expedited when staff is
unavailable due to other project work. Examples in this case would be sampling and testing soil
for unsafe levels of petroleum products, hydrocarbons or other non-hazardous and hazardous
materials. Other required testing could be sampling and testing concrete and asphalt for contract
compliance along with testing soils for gradation and density.
Traditionally, staff has hired individual consultants on a project by project basis. This can make
a lot of sense when the project dictates very specific talents. With the current frequency of
encountering contaminated soil in the City right-of-way and the unexpected nature of the work,
City staff needs the flexibility to call an independent party immediately to test soils in order to
minimize construction delays, construction costs and to develop a plan for disposal of
contaminated soils. Construction projects also require various types of material testing to insure
quality assurance and contract compliance on an ongoing basis. The City does not have the lab
equipment or the expertise for this type of work. In the case of ongoing needs, where a more
routine service is provided, using a pre-qualified list of consultants can reduce staff time
considerably without compromising project results. The cost of these services would be charged
to the project accounts as contingency money or budgets allowed.
The City's Financial Management Manual allows consultants to be hired without any special
requirements, for services totaling less than $5,000. Each department is responsible to prepare
vouchers, or a purchase order, for payment to the consultant. Between $5,000 and $15,000, a
department obtains 3 written quotes and then a Purchase Order is authorized by Finance.
Requests for Proposals (RFPs) are issued for those services over$15,000.
When consultants are hired, departments collect insurance and establish general conditions for
the agreement. This is a time consuming endeavor in a division such as Engineering, where
A
Council Agenda Report—Request for Qualifications—Consultant Services
Page 2
project management is a significant portion of the work load. The purpose of issuing these
RFQ's is to shorten the purchasing process without compromising its purpose. If the City has an
agreement with a group of consultants for a variety of specialties, then their insurance is on file
with the City and an agreement has been executed outlining the conditions under which the
consultant must work, such as indemnification, non-discrimination and conditions for
termination. When a need for services is identified, staff needs only to review the list and
specialties of the consultants, find a match to the project requirements and contact the firms to
determine if they have staff available for the work and what the cost and time frame for
completion will be. Once a written cost proposal is received from the consultant, a purchase
order can be approved, and work can begin.
The RFQ process and the execution of an advance agreement allows staff to obtain needed
services, in a greatly reduced time frame, basically, under the guidelines for services less than
$5,000, but in compliance with the City's purchasing policy. Additionally, the RFQ process
invites new companies to be recognized by the City as interested and available to do work for us.
This improves competition and brings us new ideas and expertise.
Engineering has been using consultant services for soil and material testing on an as needed
basis. In fairness to competition and. to insure competitive rates, these services should be
contracted on a bi-yearly basis. When managing a variety of construction projects there are a
constant variety of unexpected situations that must be addressed. In most case,s construction site
services are anticipated to be above the $5,000 limit of department approved purchase orders.
Oualification Requests:
Testing and Disposal of Contaminated Soil
The work required in this request is primarily the collection and testing of soils that
contain petroleum products or other chemicals that may be deemed hazardous if found at
unacceptable levels. Occasionally this type or material is found on Capital Improvement
Projects (C.I.P.) because of old leaking fuel tanks or previous use of chemicals in the
vicinity. When encountered the consultant is requested to take samples to determine the
type of contamination and proposal for safe handling and disposal of the contaminated
soil. This usually results in the contractor disposing of the soil within contract
requirements if the spoil is found to be safe or special handling, trucking and disposal at
additional cost to the City if the material is found to be contaminated beyond acceptable
limits as set by State and Federal agencies.
Material Testing and Special Inspection for Contract Compliance
The work required for this purpose would be a wide variety of sampling and testing of
materials used in our CIP program. This testing is required to insure the quality assurance
of the materials being used to insure the longevity of our infrastructure. Sampling and
testing could include but is not limited to: strength of concrete for bridge structures,
special inspection of bridge pile installation, oil content and gradation of rock for asphalt
paving, use of a certified welding inspector when required, paint or coating inspection or
testing for compaction in a utility trench. Engineering is also requesting the selected firm
to be available during design to review the plans for situations were special soils
conditions or testing is a consideration.
c �-z
Council Agenda Report—Request for Qualifications—Consultant Services
Page 3
FISCAL IMPACT
The RFQ process itself, does not have any fiscal impacts. When projects are identified which
need the services of a consultant retained through the RFQ process, project funds will be
impacted. The availability of funds is monitored by the Project Manager in conjunction with the
Finance Department. If an account is not adequately funded at the time the work is needed, staff
will return to the City Council to request a supplement to the budget prior to issuing any
purchase order for the work.
Testing services for contaminated soils on projects are expected to range between $2,000 and
$10,000. Any disposal cost associated with the soil would most likely be paid to the contractor
with a contract change order.
Material testing and special inspections to insure contract compliance typically range between
$1,000 and $15,000. Staffs recommendation is for the Council to delegate award of project
agreements to the CAO in all cases up to $50,000. This gives some latitude for larger projects or
projects needing special attention.
ALTERNATIVES
Staff can continue under the current practice of obtaining services for individual projects, hiring
them in accordance with the purchasing policy guidelines for the estimated cost of the services.
This alternative is not recommended because of additional expense to the City when work is
stopped in order for staff to hire special services due to unexpected services that are needed. No
benefits are obtained over the RFQ process proposed and additional staff time is required to
comply with the City's purchasing policies.
ATTACHMENTS—Available in the Council Office for Review
RFQ—Testing of Contaminated Soil for contamination (construction materials)
RFQ—Testing of Materials and Special Inspections
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C 7-3
September 2001
Notice Requesting Qualifications
for
Testing for Contaminated Materials Services:
PUBLIC WORKS DEPARTMENT-ENGINEERING DIVISION
Specification No.90297
The City of San Luis Obispo is requesting qualifications for the completion of a variety of environmental
testing work for the Cites Capital Improvement Program for the fiscal years 2001-2002. Candidates must be
Licensed and Certified for testing and monitoring construction sites for contamination of environmentally
sensitive materials that may be encountered in work associated inrith the Capitol Improvement Program.
The City proposes to generate a list of qualified and interested firms to complete work in accordance with the
guidelines established in this request. Qualified firms could be called on by engineering staff to complete
work for individual projects.
All proposals must be received by the Department of Public Works, 955 Morro Street,San Luis Obispo, CA
93401 by October 10, 2001 0 3-00 P.M_ Proposals received after said time will not be considered.
Proposals shall be submitted to the Department of Public Works in an envelope plainly marked with the
request title and Consultant name. Proposals must include the forms provided in the specification package.
Questions may be addressed to Richard Fisher at 805-7814199.
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TABLE OF CONTENTS
A. Description of Work:........::.........................................:...........................................................................1
B. General Terms and Conditions........... ..................................................................................................2
C. Special Terms and Conditions..::.... ..........................................::.............::...........................................3
D. Insurance Requirements......................................................................::...,... .....:...;.........................4,5
E. Proposal Submittal Form......,.....::........................... ....:..........................................................................6
F. References............:::.......::....:.................................................................................................................7
G. Standard Work Scope..............o.......o..................................................................................................8
H. Agreement..:....:....:..........................................................................................................................9- 11
A. DESCRIPTION OF WORK
Background-
The
ac ound-The City of San Luis Obispo does not staff qualified personnel for environmental testing. Instead,the City contracts
with private companies to complete testing and monitoring as needed.The City has typically paid for these services
out of the individual project accounts. Staff has been authorized to advertise for services as needed when
environmental contamination is a concern.The City would expect to advertise approximately every two years to keep
a current list of interested consultants.
Scone of Work and Minimum Consultant Services:
The City is looking for Consultant Services to insure that materials exposed or handled on City projects do not pose a
threat to the community or the workers on site when environmentally sensitive materials are discovered or suspected.
These materials could be,but not limited to: petroleum products, additives to petroleum products,asbestos, PCB's,
lead,and other man made chemicals that are known to be hazardous.The consulting firm must have a lab or hire the
services of a lab to analyze samples and produce results in 72 hours.The City may choose to ask for accelerated
tum around times for the results to any samples taken.
All work and direction of work must meet all Local, State and Federal requirements.All samples taken shall be logged
with.the name of the City project,the project specification No.,the location the sample was taken from,the date and
the time taken.
Consulting firms must be knowledgeable and be able to advise City staff on how to handle and dispose of any unsafe
materials in a cost effective manner. Consideration must be given to long-term liability to the.City for disposal of any
material.
Reports must be clear and concise regarding what materials were suspect,samples taken,test or lab results of the
samples in comparison to acceptable levels allowed by Local, State and Federal laws. Reports must also show how
and were the material was disposed of, if applicable.
In the event that the Consultant is working on multiple projects for the City at one time,billing statements must show
the name of the project, City plan No. and any charges associated with that project.
Time frame-
Consulting firms must be available with in a 24 hrs notice to sample a wide variety of items such as air,water, soils
and other materials for hazardous or unsafe levels of contaminates that are controlled by Local,State and Federal
laws. In most cases a 2-3 day notice will be given for sampling,testing or monitoring services.
Cost Pro on salsa
Cost proposals shall include hourly rates for field support technicians, sampling and reports. Cost proposals should
also include fee schedules for lab work and accelerated lab work with associated costs schedules for 1 day to 2 week
turn around.The Consultant will be requested to supply a cost estimate for individual projects on an informal request
basis. A City purchase order will be issued and work may begin at that time.The City reserves the right to further
negotiate the proposed work and/or method and amount of compensation on an individual job basis.
C7-5
B. -GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (bidder)shall meet all of
the terms, and conditions of the Invitation for Bids(IFB)or Request for Proposals (RFP)specifications package.
By virtue of its proposal submittal,the bidder acknowledges agreement with and acceptance of all provisions of
the IFB/RFP specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s)provided in the specifications and
accompanied by any other required submittals or supplemental materials. Proposal documents shall be enclosed
in an envelope that shall be sealed and addressed to the Department of Finance, City of San Luis Obispo, 990
Palm 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 bidder,and date and time of proposal
opening. No FAX submittals will be accepted.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
4. The purpose of this submittal is to generally assess the adequacy of the bidder's insurance
coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are not
required until contract award. The City's insurance requirements are detailed in Section E.
5. Proposal Withdrawal and Opening. A bidder may withdraw its proposal,without prejudice prior to the time
specified for the proposal opening, by submitting a written request to the Director of Finance for its withdrawal, in
which event the proposal will be returned to the bidder unopened. No proposal received after the time specified
or at any place other than that stated in the"Notice Inviting Bids/Requesting Proposals"will be considered. All
proposals will be opened and declared publicly. Bidders or their representatives are invited to be present at the
opening of the proposals.
6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or
file,or to be interested in more than one proposal, except an alternative proposal when specifically requested;
however,an individual or business entity that has submitted a sub-proposal to a bidder submitting a proposal, or
who has quoted prices on materials to such bidder, is not thereby disqualified from submitting a sub-proposal or
from quoting prices to other bidders submitting proposals.
7. Communications. All timely requests for information submitted in writing will receive a written response
from the City. Telephone communications with City staff are not encouraged,but will be permitted. However,
any such oral communication shall not be binding on the City.
CONTRACT AWARD AND EXECUTION
8. Proposal Retention and Award: The City reserves the right to retain all proposals for a period of 60 days
for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any
proposal,to reject any or all proposals,to reject or delete one part of a proposal and accept the other, except to
the extent that proposals are qualified by specific limitations. See the"special terms and conditions" in Section C
of these specifications for proposal evaluation and contract award criteria.
9. Competency and Responsibility of Bidder. The City reserves full discretion to determine the competence
and responsibility,professionally and/or financially,of bidders. Bidders will provide, in a timely manner,all
information that the City deems necessary to make such a decision.
10. Contract Requirement. The bidder to whom award is made(Contractor)shall execute a written contract
with the City within ten (10)calendar days after notice of the award has been sent by mail to it at the address
given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these
specifications. /-
C. SPECIAL TERMS AND CONDITIONS
1. Proposal Content. Your proposal must include the following information:
Proposal Length and Copies:
Proposals should be no more than 10 pages.
Three copies of the proposal must be submitted.
Submittal Forms:
• References from a least three firms for whom you have provided similar services.
• Consultant Insurance Information
General Information:
• Experience of your firm in performing similar services.
• Resumes of the individuals that would be assigned to the work..
• Standard billing rates for consultant staff and lab services.
• Consultant capabilities and limitations
• Any other qualifications or specialties of the Consultant that would make them better suited to complete
certain projects.
2 Proposal Evaluation and Selection.
Basic Qualifications:
• Understanding of the work involved in sampling,testing and monitoring for environmentally sensitive
materials.
• Demonstrated competence and professional qualifications of proposed staff
• Recent experience in successfully performing similar services and references
• Ability to respond quickly to requests for services as needed
3. Proposal Review and Work Schedule. The following is an outline of the anticipated schedule for
determination of qualifications:
• Issue RFQ 9/8/01
• Receive proposals 10/10/01
• Complete proposal evaluation 11/7/01
The City may request additional information about the Consultant to clarify statements in the proposal.The
list will be limited to the two or three most qualified Consultants which together provide the range of services
needed.
D. INSURANCE REQUIREMENTS: Consultant Services
The Consultant shall procure and maintain for the year 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 subconsultants.
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 OmissionsLiability. $1,000,000 per occurrence. If Commercial Errors and Omissions
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.
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 Consultants insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties
shall not affect coverage provided to the City, its officers, officials,employees,agents or volunteers.
4. 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.
5. 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.
6. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured
where an agreement to indemnify the additional insured would be invalid under Subdivision (b)of
Section 2782 of the Civil Code..
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no
less than A:VII.
4 74
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 th .Q4h ore work comm nc c. Insurance es to be submitted by all Consultants .
select .d at the tem .of notification from the City to that effect. The insurance shall remain on file with the City
for the duration of the year to aliminntp th . n . .d to cnllect enc ,ran . .documents at the start of ev _rr
indevidualro�iect-
""'"CONSULTANT MUST FILL OUT THE FOLLOWING INFORMATION AND RETURN IT
CONSULTANT INSURANCE INFORMATION
1. General Liability:
per occurrence for bodily injury, personal,injury and property damage.
general aggregate limit shall apply separately to this projectAocation OR
general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability:
per accident for bodily injury and property damage.
3. Employer's Liability:.
Q per accident for bodily injury or disease.
4. Errors and Omissions Liability:
Q per occurrence.
general aggregate limit shall be twice the required occurrence limit.
5. List any Deductibles and Self-Insured Retentions.
6. Insurance Company Name
Insurers A.M.Best Rating.
7. Any Additional cost to bring insurance to requirements specified in Section E.
Q
E. PROPOSAL SUBMITTAL FORM.
The undersigned declares that she or he:
■ has carefully examined the Request for Qualifications for Testing for Contaminated
Materials Services, which is hereby made a part of this proposal.
■ is thoroughly familiar with its contents.
■ is authorized to represent the proposing firm.
■ 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:.
F. REFERENCES
"""CONSULTANT MUST FILL OUT THE FOLLOWING INFORMATION AND RETURN IT
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 which 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
11 provided and project outcome
7 C7-11
G. STANDARD WORK SCOPE
Unless otherwise specified by the project representative,the work shall include:
Site monitoring for any hazardous or unsafe environmentally sensitive materials.
Sampling of materials and analytical services for materials sampled.
Recommendations for safe handling and disposal of materials.
Notification to all Local, State and federal agencies as required.
Complete closeout report of site observations, sampling, test results and disposal of any unsafe material
within 30 days of the Consultants last work on the site.
H. 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 and [ ], hereinafter referred
to as the Consultant.
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 the services, estimated to be August 2004.
2. Services. The Consultant shall provide the necessary services to complete Contaminated Materials
services as set out in individual requests in the time frames required.
3. Incorporation by Reference. City s Request for Qualifications dated September 2001 and the
Consultants Proposal dated 0 along with individual project requests for services are hereby
incorporated in and made a part of this agreement.
4. City's Obligation. For providing services as specified in this Agreement, the City will pay and the
Consultant shall receive reimbursement for hours worked (including direct salary costs or prevailing
wages, employee benefits, overhead and fees) and direct costs.
5. Consultant's Obligation. For and in consideration of the payments and agreements hereinbefore
mentioned to be made and performed by the City,the Consultant agrees with the City to do everything
required by this Agreement.
6. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages,
and amounts specified in the attachment as a precondition to contract execution and maintain the
coverage for the duration of the contract.
7. Business Tax. The Consultant must have a valid City of San Luis Obispo business tax certificate
prior to execution of the contract. Additional information regarding the City's business tax program
may be obtained by calling (805) 781-7134. ($25 fee) s
8. 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.
9. Payment of Taxes. The prices shall include full compensation for all taxes that the Consultant is
required to pay.
10. Permits and Licenses. The Consultant shall procure all permits and licenses, pay all charges and
fees, and give all notices necessary as it applies to his business.
11. 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.
12. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety
established by OSHA and the California Division of Industrial Safety.
13. 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 as a result of 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..
14. Immigration Act of 1986. The Consultant warrants on behalf of itself and all subConsultants
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.
15. 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.
16. 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.
17. 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).
18. 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 which 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 sole negligence orwhiful misconduct of the City, its agents,
officers or employees.
19. Contract Assignment. The Consultant shall not assign,transfer, convey or otherwise dispose of the
contract, or its right, title or interest, or its power to execute such a contract.to any individual or
business entity of any kind without the previous written consent of the City.
20. Change in Status. The Consultant shall notify the City immediately if it no longer able to provide
any of the services outlined in the submitted proposal.
21. Interests of Consultant. The Consultant covenants that it presently has no interest, and shall not
acquire any interest direct or indirect or otherwise,which.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.
22. 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;which notice must give the Consultant a 10 (ten)calendar
day notice of time thereafter in which to perform said work or cure the deficiency.
If the Consultant has not performed the work or cured the deficiency within the ten days specified in
the notice, such shall constitute a breach of the contract and the City may terminate the contract
immediately by written notice to the Consultant to said effect. Thereafter, neither party shall have any
further duties, obligations, responsibilities, or rights under the contract except, however, any and all
obligations of the Consultant's surety shall remain in full force and effect, and shall not be
extinguished, reduced, or in any manner waived by the termination thereof.
In said event,the Consultant shall be entitled to the reasonable value of its services performed from
the beginning date in which the breach occurs up to the day it received the City's Notice of
Termination, minus any offset from such payment representing the City s damages from such breach.
"Reasonable value" includes fees or charges for goods or services as of the last milestone or task
satisfactorily delivered or completed by the Consultant; 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 workscope.
The City reserves the right to delay any such payment until completion or confirmed abandonment of
the project, as may be determined in the City s sole discretion, so as to permit a full and complete
accounting of costs. In no event, however, shall the Consultant be entitled to receive in excess of the
compensation quoted in its proposal.
23. 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. Additional work or costs
beyond those originally authorized in the purchase order, must be authorized in writing by the City
Engineer.
24. 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.
25. 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 specfications
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.
26. Complete Agreement. This written agreement, including all writings specifically incorporated herein
by reference, shall constitute the complete agreement between 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.
27. Notice. All written notices to the parties hereto shall be sent by prepaid postage mail addressed as
follows:
City: City of San Luis Obispo Consultant:
Attn: Richard Fisher
955 Morro Street
San Luis Obispo, CA 93401
1. Authority to Execute Agreement. Both the City and the Consultant do covenant that each individual
executing this agreement on behalf of each party is a person duly authorized and empowered to
execute Agreements for such party.
IN WITNESS WHEREOF,the parties hereto have caused this instrument to be executed the day and
year written above.
CITY OF SAN LUIS OBSIPO CONSULTANT
A Municipal Corporation
By: By:
Ken Hampian, City Administrative Officer
APPROVED AS TO FORM:
Jeff Jorgensen, City Attorney
C
it
September 2001
Notice Requesting Qualifications
for
Testing of Construction Materials Services:
PUBLIC WORKS DEPARTMENT-ENGINEERING DIVISION
Specification No.90298
The City of San Luis Obispo is requesting qualifications for the completion of testing a variety of construction
materials used in work for the City's Capital Improvement Program for the fiscal years 2001-2002.
Candidates must be Licensed and Certified by Cal Trans for testing and sampling construction materials that
may be encountered in work associated with the City's Capitol Improvement Program or used in Public
Works projects.
The City proposes to generate a list of qualified and interested firms to complete work in accordance with the
guidelines established in this request.Qualified firms would be called on by engineering staff to complete
work for individual projects.
All proposals must be received bVthe Department of Public Works, 955 Morro Street,San Luis Obispo, CA
93401 bV October 10.2001 0 3700 P.M. Proposals received after said time will not be considered.
Proposals shall be submitted to the Department of Public Works in an envelope plainly marked with the
request title and Consultant name. Proposals must include the forms provided in the specification package.
Questions may be addressed to Richard Fisher at 805-781-7199.
q.\ n inter senAce cwncts4natenals testingVab ftdcc
TABLE OF CONTENTS
A. Description of Work................................................................................................................................1
B. General Terms and Conditions..........................................................................................................2, 3
C. Special Terms and Conditions...............................................................................................................4
D. Insurance Requirements.........................................................................................,...........a..........•...5, 6
E. Proposal Submittal Form.................................................................................................... .......•...........7
F. References..............................................................................................................................................8
G. Standard Work Scope............................................................................................,...................:..........9
H. Agreement.....................................................................................................................................10- 12
A. DESCRIPTION OF WORK
Bac ground'.
The City of San Luis Obispo does not staff qualified personnel for specialized inspections or lab work associated with
testing and verifying construction materials for Public Works projects. Instead,the City contracts with private
companies to complete testing and monitoring as needed.The City has typically paid for these services out of the
individual project accounts. Staff has been authorized to advertise for services as needed when testing services and
special inspections are needed.The City would expect to advertise approximately every two years to keep a current
list of interested consultants.
Stupe of Work and Minimum Consultant rvi . .c-
The City is looking for Consultant Services to insure that materials and methods of installation meet the requirements
of Project Specifications and the City s Quality Assurance Program.
Testing and site inspection services may include but is not limited to sampling and testing of:soils,asphalt pavement,
concrete, reinforcing steel,welding inspections, paints, coatings, installation of driven or drilled pile and fabrics used in
construction. All sampling and testing must be performed by methods approved by ASTM or Cal Trans Method of
Test.Test method will be specified on a individual basis or by project specification. Results are to be reported in
metric units.
Reports must be clear and concise of what materials and tests were performed, location of sample,test method used
on the sample and if the material or test provided met project specifications.Test results that due not meet project
minimum requirements must be logged separately and re-testing or remedy of failed test must be shown.
Log of borings or pile driving must include the numbering system as shown on the project plans,the design depth,
actual depth achieved, rate of progress on each pile and date of work. If a numbering system is not shown, a
standardized numbering system approved by the engineer shall be used.
The Consultant must show current certification by Cal Trans and have an approved Quality Assurance Program
where applicable.The Consultant must also show any areas or functions that have not been approved.
Consultants who provide some testing/inspection services, but not all services identified should clearly identify those
services they do provide.
Time frame:
Consulting firms must be available with in a 24 hr. notice to sample,test or inspect a wide variety of construction
materials. In most cases where special inspections must be performed, such as coating or welding, scheduling will be
done well in advance of the services required.Test results of materials tested shall be forwarded to the City within 48
hrs.of the completed test. Field slips will satisfy this requirement. Complete project reports shall be submitted within
30 days of the.Consultants last work performed.
Cost proposals-
Cost
ro op aI
Cost proposals shall include hourly rates for engineers,field technicians,sampling,fee schedules for lab work,any
fees associated with handling or storage of samples and the cost of final reports.
The Consultant will be requested to supply a cost estimate for individual projects on an informal request basis. A City
purchase order will be issued and work may begin at that time.The City reserves the right to further negotiate the
proposed work and/or method and amount of compensation on an individual job basis.
In the event the consultant is working on multiple projects for the City at one time,the billing statement must be
broken down by the project name,City plan No.and what charges are associated to each project.
C 7-17
B. GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (bidder) shall
meet all of the terms, and conditions of the Invitation for Bids (IFB) or Request for Proposals (RFP)
specifications package. By virtue of its proposal submittal,the bidder acknowledges agreement with and
acceptance of all provisions of the IFB/RFP specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications
and accompanied by any other required submittals or supplemental materials. Proposal documents shall
be enclosed in an envelope that shall be sealed and addressed to the Department of Finance, City of
San Luis Obispo, 990 Palm 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
bidder, and date and time of proposal opening. No FAX submittals will be accepted.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
The purpose of this submittal into generally assess the adequacy of the bidder's insurance coverage during
proposal evaluation;as discussed under paragraph 12 below, endorsements are not required until contract
award. The City's insurance requirements are detailed in Section E.
4. Proposal Withdrawal and Opening. A bidder may withdraw its proposal,without prejudice prior to
the time specified for the proposal opening, by submitting a written request to the Director of Finance for
its withdrawal, in which event the proposal will be returned to the bidder unopened. No proposal received
after the time specified or at any place other than that stated in the"Notice Inviting Bids/Requesting
Proposals"will be considered. All proposals will be opened and declared publicly. Bidders or their
representatives are invited to be present at the opening of the proposals.
5. 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
bidder submitting a proposal,or who has quoted prices on materials to such bidder, is not thereby
disqualified from submitting a sub-proposal or from quoting prices to other bidders submitting proposals.
6. Communications. All timely requests for information submitted in writing will receive a written
response from the City. Telephone communications with City staff are not encouraged, but will be
permitted. However,any such oral communication shall not be binding on the City.
CONTRACT AWARD AND EXECUTION
7. Proposal Retention and Award. The City reserves the right to retain all proposals fora 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.
8. Competency and Responsibility of Bidder. The City reserves full discretion to determine the
competence and responsibility,professionally and/or financially, of bidders.. Bidders will provide,in a
timely manner,all information that the City deems necessary to make such a decision.
9. Contract Requirement. The bidder to whom award is made(Contractor)shall execute a written
L
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.
C 7-/9
C. SPECIAL-TERMS AND CONDITIONS
1. Proposal Content. Your proposal must include the following information:
Proposal Length and Copies:
• Proposals should be no more than 10 pages.
• Three copies of the proposal must be submitted.
Submittal Forms:
• References from a least three firms for whom you have provided similar services.
o Consultant Insurance Information
General Information: '
• Experience of your firm in performing similar services.
• Resumes of the individuals that would be assigned to the work.
• Standard billing rates for consultant staff
• Consultant capabilities and limitations
• Cal Trans Certification and approved Quality Assurance Program
• Any other qualifications or specialties of the Consultant that would make them better suited to complete
certain projects
2. Proposal Evaluation and Selection.
Basic Qualifications:
• Understanding of the work involved in sampling,testing and monitoring construction activities and
materials
• Demonstrated competence and professional qualifications of proposed staff
• Recent experience in successfully performing similar services and references
• Ability to respond quickly to requests for services as needed
3. Proposal Review and Work Schedule. The following is an outline of the anticipated schedule for
determination of qualifications:
• Issue RFQ 9/8/01
• Receive proposals 10/10/01
• Complete proposal evaluation 11/7/01
The City may request additional information about the Consultant to clarify statements in the proposal.The
list will be limited to the two or three most qualified Consultants which together provide the range of services
needed.
4 C �'
D. INSURANCE REQUIREMENTS: Consultant Services
The Consultant shall procure and maintain for the year 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 subconsultants.
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. If Commercial Errors and Omissions
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.
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 Consultants insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties
shall not affect coverage provided to the City, its officers,officials, employees, agents or volunteers.
4. The Consultants 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.
5. 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.
6. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured
where an agreement to indemnify the additional insured would be invalid under Subdivision (b)of
Section 2782 of the Civil Code.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Bests rating of no
less than A:VII.
Verification of Coverage. Consultant shall fumish 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 Caly before work comm :n . .s- Insurance is to be submitted by all Consultants
selected at the time of notification from the City to that effect. The insurance shall remain on file with the City
for the duration of the year to .liminal -th need tocollect insurance documents at the start of ev w
project.
rooject
CONSULTANT MUST FILL OUT THE FOLLOWING INFORMATION AND RETURN IT
CONSULTANT INSURANCE INFORMATION
1. General Liability:
per occurrence for bodily injury, personal injury and property damage.
general aggregate limit shall apply separately to this project/location OR
general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability:
$ per accident for bodily injury and property damage.
3. Employer's Liability:
per accident for bodily injury or disease.
4. Errors and Omissions Liability:
Q per occurrence.
general aggregate limit shall be twice the required occurrence limit.
5. List any Deductibles and Self-Insured Retentions.
6. Insurance Company Name
Insurers A.M.Best Rating.
7. Any Additional cost to bring insurance to requirements specified in Section E.
C7-a�
E.-PROPOSAL SUBMITTAL FORM
The undersigned declares that she or he:
■ has carefully examined the Request for Qualifications for Testing of Construction
Materials Services, which is hereby made a part of this proposal.
■ is thoroughly familiar with its contents.
E is authorized to represent the proposing firm.
E 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:
SiLynature of Authorized Representative
Date:
c�a�
F. REFERENCES
******CONSULTANT MUST FILL OUT THE FOLLOWING INFORMATION AND RETURN IT******
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 which 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
R c7a
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G. STANDARD WORK SCOPE
Unless otherwise specified by the project representative,the work shall include:
Site testing of materials and conditions for contract compliance.
• Sampling of materials and lab analytical services for materials sampled.
• Recommendations to the City when changed conditions arise.
Complete closeout report of site observations, sampling, test results within 30 days of the Consultants
last work on the site.
9 c7 a�
j I
H. 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 and [ ], hereinafter referred
to as the Consultant.
1. Tenn. 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 the services, estimated to be August 2004.
2. Services. The Consultant shall provide the necessary services to complete Construction Materials
Testing services as set out in individual requests in the time frames required.
3. Incorporation by Reference. Citys Request for Qualifications dated September 2001 and the
Consultants Proposal dated 0 along with individual project requests for services are hereby
incorporated in and made a part of this agreement.
4. City's Obligation. For providing services as specified in this Agreement,the City will pay and the
Consultant shall receive reimbursement for hours worked (including direct.salary costs or prevailing
wages, employee benefits, overhead and fees) and direct costs.
5. Consultant's Obligation. For and in consideration of the payments and agreements hereinbefore
mentioned to be made and performed by the City,the Consultant agrees with the City to do everything
required by this Agreement.
6. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages,
and amounts specified in the attachment as a precondition to contract execution and maintain the
coverage for the duration of the contract..
7. Business Tax. The Consultant must have a valid City of San Luis Obispo business tax certificate
prior to execution of the contract. Additional information regarding the City's business tax program
may be obtained by calling (805) 781-7134. ($25 fee)
8. 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.
9. Payment of Taxes. The prices shall include full compensation for all taxes that the Consultant is
required to pay.
10. Permits and Licenses. The Consultant shall procure all permits and licenses, pay all charges and
fees, and give all notices necessary as it applies to his business.
11. 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.
12. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety
established by OSHA and the Califomia Division of Industrial Safety.
13. 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 as a result of 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.
in C 7—is
I
I
14. Immigration Act of 1986. The Consultant warrants on behalf of itself and all subConsultants
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.
15. 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 orancestry, sexual
orientation, or religion of such persons.
16. 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.
17. 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).
18. 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 which 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 sole negligence or willful misconduct of the City, its agents,
officers or employees.
19. Contract Assignment. The Consultant shall not assign,transfer, convey or otherwise dispose of the
contract, or its right,title or interest, or its power to execute such a contract to any individual or
business entity of any kind without the previous written consent of the City.
20. Change in Status. The Consultant shall notify the City immediately if it is no longer able to provide
any of the services outlined in the submitted proposal.
21. Interests of Consultant. The Consultant covenants that it presently has no interest, and shall not
acquire any interest direct or indirect or otherwise, which 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.
22. 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;which 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
C7�,�
obligations of the Consultant's surety shall remain in full force and effect, and shall not be
extinguished, reduced, or in any manner waived by the termination thereof.
In said event,the Consultant shall be entitled to the reasonable value of its services performed from
the beginning date in which the breach occurs up to the day it received the City's Notice of
Termination, minus any offset from such payment representing the City's damages from such breach.
"Reasonable value" includes fees or charges for goods or services as of the last milestone or task
satisfactorily delivered or completed by the Consultant;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 workscope.
The City reserves the right to delay any such payment until completion or confirmed abandonment of
the project, as may be determined in the City's sole discretion, so as to permit a full and complete
accounting of costs. In no event, however, shall the Consultant be entitled to receive in excess of the
compensation quoted in its proposal.
23. 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. Additional work or costs
beyond those originally authorized in the purchase order, must be authorized in writing by the City
Engineer.
24. 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.
25. 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.
26. Complete Agreement. This written agreement, including all writings specifically incorporated herein
by reference, shall constitute the complete agreement between 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.
27. Notice. All written notices to the parties hereto shall be sent by prepaid postage mail addressed as
follows:
City: City of San Luis Obispo Consultant:
Attn: Richard Fisher
955 Morro Street
San Luis Obispo, CA 93401
1. Authority to Execute Agreement. Both the City and the Consultant do covenant that each individual
executing this agreement on behalf of each party is a person duly authorized and empowered to
execute Agreements for such party.
IN WITNESS WHEREOF,the parties hereto have caused this instrument to be executed the day and
year written above.
CITY OF SAN LUIS OBSIPO CONSULTANT
A Municipal Corporation
By: . _ By:
Ken Hampian, City Administrative Officer
APPROVED AS TO FORM:
Jeff Jorgensen, City Attorney
a/