HomeMy WebLinkAbout04-21-2015 C7 Engineering On-Call ServicesCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number
FROM: Daryl R. Grigsby, Director of Public Works
Prepared By: David Athey, Supervising Civil Engineer
SUBJECT: REQUEST FOR QUALIFICATIONS FOR ON-CALL SERVICES -
LANDSCAPE ARCHITECTURE, CONSTRUCTION MANAGEMENT,
ENVIRONMENTAL SERVICES, SOILS AND MATERIALS TESTING
RECOMMENDATION
1. Approve the Request for Qualifications (RFQ) to provide:
a. Landscape Architecture Services, Specification No. 50410.2015LA
b. Construction Management Services, Specification No. 50410.2015CM
c. Environmental Services, Specification No. 50410.2015ENV
d. Soils and Material Testing Services, Specification No. 50410.2015SMT
2. Authorize the City Manager to execute agreements with selected consulting firms.
3. Authorize the Finance Director to execute and amend Purchase Orders for individual
consultant services contracts in an amount not-to-exceed the authorized project budget.
DISCUSSION
Background
The City’s Capital Improvement Plan (CIP) implements Council priorities by including projects
that build and improve infrastructure. The responsibility for delivering a large portion of these
projects is assigned to the Public Works Engineering Program. The CIP includes a mix of
projects designed and managed exclusively by City staff, and projects that use consultant
services. Maintaining a list of prequalified on-call service consultants, that provide various areas
of specialized work, has enabled Public Works to continue to meet project delivery expectations.
This on-call service approach has been used successfully for many years, starting with survey
services in 1998, expanding to construction management in 2001, right-of-way acquisition
services in 2002, and engineering and architecture in 2007. The City’s CIP projects are mostly
modest in size, and the Request for Qualifications (RFQ) generally draws local consulting firms.
Ninety percent of the City’s current on-call design and construction service contracts are with
firms from San Luis Obispo and northern Santa Barbara County.
Consultants remain on contract for two to three years. Existing consultant contracts for services
in Landscape Architecture, Construction Management, Environmental Services, and Soils and
Materials Testing expire this year, thus prompting the need for the City to re-advertise for these
services through the RFQ process. The RFQ model is used to identify the skill set of the
consultants submitting qualifications. In addition, the RFQ process determines how those skills
align with the type of work proposed in the City’s CIP. This is in contrast to a Request for
Proposals (RFP) model which is project specific. After evaluating the RFQ submittal packages,
two to three top consultants in each specialized area will be selected to enter into an agreement
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RFQ –Landscape Architecture, Construction Management, Environmental, and Soils and Material
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with the City, based on their demonstrated ability to provide the services proposed in a timely
manner with qualified staff. Once the selected consultants enter into an agreement with the City,
their services on an individual project is implemented rapidly, without the need for an individual
RFP.
The consultants will operate under the conditions of the agreement included in the RFQ.
Individual projects will be scoped by the City department most involved, working with the
Project Manager in Engineering and the consultant. The specific project work will then be
authorized via a Purchase Order through the Finance Department, referencing the signed
agreement for the terms and conditions.
FISCAL IMPACT
The RFQ process, in and of itself, does not obligate any funds for CIP consultant work. After the
agreements are executed by the City Manager, scoping meetings and issuance of Purchase
Orders will follow, obligating CIP funds. Work will be billed to individual project accounts,
within the authorized project budget.
ALTERNATIVES
1. Individual Project RFPs. The Council could direct staff to proceed in a more traditional
fashion issuing RFP’s for each individual project. On the positive side, a company with greater
experience in the specific work might be attracted. On the negative side, this process is very time
consuming and increases the work required for an individual project, reducing overall project
production. This approach is not recommended because it increases the time to implement
individual contracts, while providing very little benefit. RFPs can still be issued on a case-by-
case basis when a specialized skill, not available through on-call contracts, is needed.
2. In-house Approach. The Council could direct staff to complete more of the work in-house. At
this time, Public Works Engineering does not have sufficient staff to deliver the proposed
volume of work.
ATTACHMENTS
1. RFQ – Landscape Architecture Services
2. RFQ – Construction Management Services
3. RFQ – Environmental Services
4. RFQ – Soils and Material Testing Services
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PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION
Notice
Request for Qualifications
Landscape Architectural Design Services
Specification No. 50410.2015LA
April 2015
The City of San Luis Obispo is requesting sealed proposals from interested consultants to provide landscape
architectural design services required for City projects pursuant to this Specification No. 50410.2015LA.
All proposals must be received by the Public Works Department at 919 Palm Street, San Luis Obispo, CA 93401
by 2:00 P.M. on May 21, 2015.
Proposals received after said time will not be considered. To guard against premature opening, each proposal
shall be submitted to the Public Works Department in a sealed envelope plainly marked with the proposal title,
specification number, Consultant name, and time and date of the proposal opening. Proposals shall be submitted
using the forms provided in the specification package.
Obtaining a Specification Package
Download from the City’s Web site www.slocity.org - Doing Business / Bids & Proposals page, or;
Pick up a copy of the RFQ at the above address
A list of companies that have requested a copy of the proposal is maintained on the web page.
Questions
Questions should be directed to David Athey at dathey@slocity.org or (805) 781-7108.
Disadvantaged Business Participation
DBE and other small businesses as defined in Title 49 CFR 26, are encouraged to participate in the performance of
agreements.
Rev 1 - 03.16.15 DMA
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Specification No. 50410.2015LA
TABLE OF CONTENTS
A. DESCRIPTION OF WORK ....................................................................................................................................... 3
B. GENERAL TERMS AND CONDITIONS .................................................................................................................. 5
PROPOSAL REQUIREMENTS ................................................................................................................................ 5
CONTRACT AWARD AND EXECUTION ................................................................................................................ 6
C. PROPOSAL CONTENT AND SELECTION PROCESS .......................................................................................... 7
PROPOSAL CONTENT ........................................................................................................................................... 7
PROPOSAL EVALUATION AND CONSULTANT SELECTION .............................................................................. 7
D. FORM OF AGREEMENT ......................................................................................................................................... 8
E. PROPOSAL SUBMITTAL FORMS ........................................................................................................................ 15
ACKNOWLEDGEMENT ......................................................................................................................................... 15
INSURANCE CERTIFICATE .................................................................................................................................. 15
AVAILABLE SERVICES ......................................................................................................................................... 16
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS ............................................................................... 16
REFERENCES ....................................................................................................................................................... 17
F. INSURANCE REQUIREMENTS: Consultant Services ..................................................................................... 19
G. APPENDICES ........................................................................................................................................................ 20
Appendix 1 – Proposer List .................................................................................................................................... 21
Appendix 2 – Disadvantaged Business Enterprise Information – LAPM Exhibit 10-I ............................................ 21
Appendix 3 – Standard Agreement for Subcontractor / DBE Participation – LAPM Exhibit 10-J .......................... 21
Appendix 4 - Consultant Certification of Contract Costs and Financial Management System – LAPM Exhibit 10-K
................................................................................................................................................................................ 21
Appendix 5 – Final Utilization Report (to be completed at the project completion) – LAPM Exhibit 17-F ............. 21
Appendix 6 - Proposer DBE Information – LAPM Exhibit 10-O1 ........................................................................... 21
Appendix 7 – Consultant Contract DBE Information – LAPM Exhibit 10-O2 ......................................................... 21
Appendix 8 - Disclosure of Lobbying Activities– LAPM Exhibit 10-Q ..................................................................... 21
Appendix 9 - Non-Lobbying Certification & Debarment and Suspension Certification .......................................... 21
Appendix 10 - Certification of Consultant and City ................................................................................................. 21
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A. DESCRIPTION OF WORK
The City is looking for qualified consultants interested in working closely with City Engineering staff to deliver
Capital Improvement Plan projects and other City projects requiring environmental services. The City may contract
with more than one firm to accomplish this work.
Background:
The city is requesting qualifications from Landscape Architect consultants to provide design services. Agreements
will be executed with the top ranked consults. These consultants will be used to complete Landscape Architectural
work associated with Capital Improvement Plan projects approved in the upcoming 2015-17 Financial Plan. While
the exact list of projects is unknown at this time, the consultant should expect a similar project last as shown in the
2013-18 Capital Improvement Plan of the 2013-15 Financial Plan. This document is available for review at the city’s
website. Staff anticipates that the 2015-17 Capital Improvement Plan will be similar in variety and scope to the
2013-15 Plan.
Minimum Scope of Services – Landscape Architectural Design:
Consultants should expect to perform a variety of landscape architectural design services related to the City’s Capital
Improvement Plan projects or other City projects. The consultant(s) selected will be responsible to perform the
necessary work to ultimately deliver a biddable set of plans and specifications for construction, consistent with
current policies and procedures within the approved budgets. Consultants shall be expected to render services on an
“as-needed” basis.
• Attend project scoping meeting with project proponent. This will often include staff from other City departments
in addition to Public Works.
• Submit a detailed project work scope including a list of key work items, a schedule, including estimated turn-
around times for City staff items, a list of sub-consultants required for the work and a cost proposal broken
down by work task. Negotiate project work scope and fees and submit for approval. A Purchase Order will be
issued for the work based on the approved work scope and fee.
• Attend pre-design meetings with various City departments.
• Complete research of City archives for Record Drawing information,
• Perform field reconnaissance and facility investigation.
• Provide surveying as needed to facilitate design.
• Obtain information from affected utility companies
• Research Code requirements and any other record searches required to complete the work.
• Provide any preliminary reports, such as studies or assessments, required under the project scope.
• Provide preliminary designs and documents as needed for Public Review process.
• Prepare applications and presentation materials for public meetings. Attend and present projects at public
meetings as needed.
• Prepare draft Construction Documents – plans, specifications, estimates for City review and comment (submit
at 75%, 95%, 100% completion or as per approved work scope). Amended documents as needed.
• Provide in-house quality assurance check.
• Submit project to Building Division for building permits. Address comments and resubmit as needed.
• Submit completed approved stamped and signed bid package.
• Provide Construction Administration services such as clarifications, submittal review, responses to requests for
information, and project walkthroughs, as needed throughout bidding and construction.
• Complete Record Drawings
Other Desired Services:
• Be able to provide Certified Playground Equipment Inspector services.
The above tasks are meant to clarify the consultant’s role, but not be an all-inclusive list of tasks required to
achieve the work product.
City Staff will typically complete, or manage through others, the following items:
• Obtain the environmental document.
• Pay all permit fees.
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• Obtain permits for creek-related work from regulatory agencies.
• Complete staff reports for approval.
• Advertise and award construction contracts.
This work may be assigned to the consultant depending upon consultant’s capabilities, available staffing and the
City’s available funding.
Agreement Management:
The selected consultant shall assign a single point person who understands the overall agreement and can
manage paperwork associated with it. This person does not need to be assigned to any of the individual projects,
but should be available to listen and follow-up on concerns regarding performance.
Consultant shall prepare work scope and cost proposals after project scoping meetings. The cost of the scoping
meeting may be included in the cost proposal. The City will evaluate the proposal upon receipt and negotiate the
work scope further as needed. The consultant will receive a Purchase Order after the proposal scope and cost has
been accepted, signaling the start of the project work.
Expectations
It is the City’s expectation that the consultant will become or currently is skilled at delivering projects under City
guidelines and formats with limited oversight by City staff. It is important for the consultant to become an arm of the
City, working very independently and reliably. Throughout the contract the City will review the quality of
consultant’s work products and the consultant’s ability to deliver projects on schedule and within approved budgets.
Consultants that do not reliably deliver projects will not be considered for future projects under this agreement.
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B. GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (Consultant) shall meet all
of the terms, and conditions of the Request for Qualification (RFQ) specifications package. By virtue of its
proposal submittal, the Consultant acknowledges agreement with and acceptance of all provisions of the RFQ
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 Public Works Department, City of San Luis
Obispo, 919 Palm Street, San Luis Obispo, CA, 93401. Each proposal submittal shall include one electronic
copy of the proposal, submitted in Adobe Acrobat format on CD or flash drive. In order to guard against
premature opening, the proposal should be clearly labeled with the proposal title, specification number, name of
Consultant, 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 Consultant’s insurance coverage
during proposal evaluation; as discussed under paragraph 13 below, endorsements are not required until
contract award. The City’s insurance requirements are detailed in Section F.
4. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form
provided in the RFQ package.
5. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past
government disqualifications on the form provided in the RFP package.
6. Proposal Withdrawal and Opening. A Consultant may withdraw its proposal, without prejudice prior to the
time specified for the proposal opening, by submitting a written request to the City Engineer for its withdrawal,
in which event the proposal will be returned to the Consultant unopened. No proposal received after the time
specified or at any place other than that stated in the "Notice Requesting Proposals" will be considered. All
proposals will be opened and declared publicly. Consultants 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 Consultant submitting a
proposal, or who has quoted prices on materials to such Consultant, is not thereby disqualified from submitting
a sub-proposal or from quoting prices to other Consultants 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.
9. Alternative Proposals. When specifically requested, the proposer may submit an alternative proposal (or
proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the
proposer must provide an analysis of the advantages and disadvantages of each of the alternatives, and
discuss under what circumstances the City would prefer one alternative to the other(s). If an alternative
proposal is submitted, the maximum length of the proposal may be expanded proportionately by the number of
alternatives submitted.
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CONTRACT AWARD AND EXECUTION
10. 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.
11. Competency and Responsibility of Consultant. The City reserves full discretion to determine the
competence and responsibility, professionally and/or financially, of Consultants. Consultants will provide, in a
timely manner, all information that the City deems necessary to make such a decision.
12. Contract Requirement. The Consultant 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.
13. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages and
amounts specified in these specifications within 10 (ten) calendar days after notice of contract award as a
precondition to contract execution.
14. Business License & Tax. The Consultant must have a valid City of San Luis Obispo business license and tax
certificate before execution of the contract. Additional information regarding the City's business license and tax
program may be obtained by calling (805) 781-7134.
15. Failure to Accept Contract. The following will occur if the Consultant to whom the award is made
(Consultant) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in
accordance with the special terms and conditions if a Consultant's bond or security is required; and an award
may be made to the next highest ranked Consultant with whom a responsible compensation is negotiated, who
shall fulfill every stipulation as if it were the party to whom the first award was made.
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C. PROPOSAL CONTENT AND SELECTION PROCESS
PROPOSAL CONTENT
1. Submittal Forms
a. Acknowledgement
b. Insurance Certificate
c. Available Services
d. Statement of Past Disqualifications
e. References
2. Qualifications
a. Experience of your firm in performing similar services
b. Experience of the staff to be assigned to the project in performing similar services
c. Redundancy in the company of staff experienced in this type of work
d. Resumes of the individuals who would be assigned to this project, including any known sub-consultants
e. Proximity and staffing levels of the nearest company office
f. Statement and explanation of any instances where your firm has been removed from a project or
disqualified from proposing on a project
g. Standard hourly billing rates for consultant and sub-consultant staff
h. Detailed list of services available directly from the company
3. Work Program
a. Description of your approach to working with City staff to achieve their goal of completing the assigned
work.
b. Services or data anticipated to be provided by the City
c. Any other information that would assist us in making this contract award decision
4. Proposal Length and Copies
a. Proposals should be the minimum length to provide the required information. Charts and other short form
approaches to convey information are encouraged.
b. 3 copies of the proposal must be submitted.
c. 1 PDF format electronic copy of proposal must be submitted on CD or flash drive.
PROPOSAL EVALUATION AND CONSULTANT SELECTION
Proposals will be evaluated by a review committee and contract award process as follows:
5. Consultant Selection
Proposals will be reviewed by a selection committee and ranked in accordance with the responsiveness,
qualifications and understanding of the Consultant relative to these specification requirements. A group of
finalist (short list) may be selected for follow-up requests for information or interviews before a final ranking is
determined.
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; results of background and
reference checks; and proposed compensation rates.
6. Proposal Review and Award Schedule
The following is an outline of the anticipated schedule for proposal review and contract award:
Issue RFP .................................................................... 4/25/15
Receive proposals ..................................................... 05/21/15
Complete proposal evaluation ................................... 06/05/15
Award contract ........................................................... 06/23/15
Execute contract ........................................................ 07/07/15
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D. FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by and
between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and
[CONSULTANT’S NAME IN CAPITAL LETTERS], hereinafter referred to as Consultant.
W I T N E S S E T H
WHEREAS, on April 21, 2015, City requested proposals for Capital Improvement Plan Landscape
Architecture Services per Specification No. 50410.2015LA.
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.
2. Start and Completion of Work. Work on this project shall begin within 5 calendar days after contract
execution. Individual projects shall be completed in accordance with approved project schedules.
3. Contract Term for On-Call Service Contracts. The services identified in this specification will be contracted
for by the City for two years. Actual work may extend beyond the final date.
4. Contract Extension and Cost Increases for On-call Service Contracts. The term of the contract may be
extended by mutual consent for an additional year. During this extended period, labor rates may be increased
to reflect increased labor costs and overhead at each 1 year contract anniversary, provided the City is notified
of the increases in advance.
5. 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.
6. 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, or the Consultant’s work is determined to be deficient, the City may
notify the Consultant in writing of such defect or failure to perform. This notice will 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
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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 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.
If, at any time during the term of the contract, the City determines that the project is not feasible due to funding
shortages, unforeseen circumstances, or is in its best interest to terminate the contract, the City reserves the
right to terminate the contract. Consultant will be paid compensation due and payable to the date of
termination.
7. 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 applicable federal, state, county, city, and special district laws,
ordinances, and regulations.
8. Sub-contract Provisions. No portion of the work pertinent to this contract shall be subcontracted without
written authorization by the City, except that which is expressly identified in the Consultant’s proposal. Any
substitution of sub-consultants must be approved in writing by the City. For any sub-contract for services in
excess of $25,000, the subcontract shall contain all provisions of this agreement.
9. 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.
10. 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.
11. Record Retention and Audit. For the purpose of determining compliance with various laws and regulations
as well as performance of the contract, the Consultant and sub-consultants shall maintain all books,
documents, papers, accounting records and other evidence pertaining to the performance of the contract,
including but not limited to the cost of administering the contract. Materials shall be made available at their
respective offices at all reasonable times during the contract period and for three years from the date of final
payment under the contract. Authorized representatives of the City shall have the option of inspecting and/or
auditing all records. For Federally funded projects, access to records shall also include authorized
representatives of the State and Federal government. Copies shall be furnished if requested.
12. Conflict of Interest. The Consultant shall disclose any financial, business, or other relationship with the City
that may have an impact upon the outcome of this contract, or any ensuing City construction project. The
Consultant shall also list current clients who may have a financial interest in the outcome of this contract, or any
ensuing City construction project which will follow. The Consultant staff shall provide a Conflict of Interest
Statement where determined necessary by the City.
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.
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13. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that this contract was not
obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any
City employee. For breach or violation of the warranty, the City shall have the right in its discretion; to
terminate the contract without liability; to pay only for the value of the work actually performed; to deduct from
the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
14. Covenant Against Contingent Fees. The Consultant warrants by execution of this contract that no person or
selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or
understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Consultant for the purpose of securing
business. For breach or violation of this warranty, the City has the right to annul this contract without liability;
pay only for the value of the work actually performed, or in its discretion, to deduct from the contract price or
consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent
fee.
15. Compliance with Laws and Wage Rates. 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. This includes compliance with prevailing
wage rates and their payment in accordance with California Labor Code. For purposed of this paragraph,
“construction” includes work performed during the design and preconstruction phases of construction, including
but not limited to, inspection and land surveying work.
16. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Consultant is
required to pay.
17. Permits, Licenses and Filing Fees. The Consultant shall procure all permits and licenses, pay all charges
and fees, and file all notices as they pertain to the completion of the Consultant’s work. The City will pay all
application fees for permits required for the completion of the project including building and regulatory permit
application fees. Consultant will provide a 10 day notice for the City to issue a check.
18. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established
by OSHA and the California Division of Industrial Safety.
19. 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 other protective measures
as are necessary to prevent accidents or damage or injury to the public and employees.
20. 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.
21. 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.
22. Consultant Non-Discrimination. In the award of subcontracts or in 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 on any basis prohibited by State or Federal law.
23. Accuracy of Specifications. The specifications for individual projects are believed by the City to be accurate
and to contain no affirmative misrepresentation or any concealment of fact. Consultants 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 Consultant and all sub-consultants named in its proposal shall bear sole responsibility for proposal
preparation errors resulting from any misstatements or omissions in the specifications that could easily have
been ascertained by examining either the project site or accurate test data in the City's possession. Although
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the effect of ambiguities or defects in the specifications will be as determined by law, any patent ambiguity or
defect shall give rise to a duty of Consultant to inquire prior to proposal submittal. Failure to so inquire shall
cause any such ambiguity or defect to be construed against the Consultant. An ambiguity or defect shall be
considered patent if it is of such a nature that the Consultant, 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
Consultant or sub-consultants to notify City in writing of specification defects or ambiguities prior to proposal
submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the proposal.
To the extent that the specifications constitute performance specifications, the City shall not be liable for costs
incurred by the successful Consultant to achieve the project’s objective or standard beyond the amounts
provided therefor in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity
or defect in the specifications, or any other matter whatsoever, 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.
24. Indemnification for Professional Liability. To the fullest extent permitted by law, the Consultant shall
indemnify, protect, defend and hold harmless the City and any and all of its officials, employees and
agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and
expenses, including attorney’s fees and costs which arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Consultant.
25. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from
other consultants during the contract term.
26. Project Proposal Submittal. Upon completion of the project scoping meeting, the Consultant shall submit a
proposed workscope, compensation and schedule within 10 working days. The cost proposal shall include all
costs including miscellaneous direct cost items.
27. Standards. Documents shall conform to City Standards and City furnished templates shall be used.
28. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and signed by the
Consultant where required.
29. Required Deliverable Products and Revisions. The Consultant will be required to provide documents
addressing all elements of the workscope. Plans shall be prepared using the City’s standardized title blocks
and coversheets. Draft plans shall be submitted for review in full D (24x36) format. Specifications and bid
documents shall conform to standard City formats unless authorized. The City’s current Standard Specifications
and Engineering Standards must be incorporated where applicable.
City staff will review any documents or materials provided by the Consultant and, where necessary, the
Consultant will respond to staff comments and make such changes as deemed appropriate. Submittals shall
include the previous marked up submittal (returned to the Consultant) to assist in the second review. Changes
shall be made as requested or a notation made as to why the change is not appropriate.
Unless noted otherwise in the approved project work scope, consultant shall submit:
• 2 copies of the draft preliminary reports and technical studies, draft plans, specifications and estimates and
PDF electronic file.
• 1 copy of the final preliminary reports, technical studies plus markups
• 1 copy of the final signed and stamped plans, specifications and estimates and unlocked Adobe Acrobat
electronic file.
• 1 copy of the final record drawings after construction
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Draft reports and plan submittals shall be submitted as paper copies. Final documents and record documents
shall be submitted as camera-ready original, unbound, each page printed on only one side, including any
original graphics in place and scaled to size, ready for reproduction AND one electronic copy submitted in
Adobe Acrobat format including all original stamps and signatures.
In the event the City will be compiling the final specifications, incorporating the Consultant’s work, the final
specifications will also be required to be submitted in Microsoft Word format.
Electronic files shall be submitted on CD and all files must be compatible with the Microsoft operating system.
Each CD must be clearly labeled and have a printed copy of the directory. Files may be emailed to the City in
lieu of putting them on CD.
30. Ownership of Materials. Upon completion of all work under this contract, ownership and title to all reports,
documents, plans, specifications, and estimates produced as part of this contract will automatically be vested in
the City and no further agreement will be necessary to transfer ownership to the City. The Consultant shall
furnish the City all necessary electronic and hard copies of data needed to complete the review and approval
process.
It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine
readable form, are intended for one-time use in the construction of the project for which this contract has been
entered into.
The Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or
misuse by the City of the machine-readable information and data provided by the Consultant under this
agreement. Further, the Consultant is not liable for claims, liabilities, or losses arising out of, or connected with
any use by City of the project documentation on other projects, except such use as may be authorized in writing
by the Consultant.
31. 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 the City and shall not be made available to any individual or organization by the Consultant without the prior
written approval of the City.
The Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding
work performed or to be performed under this contract without prior review of the contents thereof by the City
and receipt of the City’s written permission.
32. 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.
33. Attendance at Meetings And Hearings. As part of the workscope, and included in the contract price, is
attendance by the Consultant at public meetings to present and discuss its findings and recommendations.
Consultant shall attend as many "working" meetings with staff as necessary in performing workscope tasks.
34. Permit and Filing Fees. The Consultant shall procure all permits, and licenses, pay all charges and fees and
file all notices necessary as they pertain to the completion of the Consultant’s work. The City will pay all
application fees for permits required for the completion of the project work. The City requires a 10 day notice to
issue a check.
35. Requests for Review. The Consultant shall respond to all requests for submittal review or contractor RFI’s
within two weeks of receipt of the information from the City.
36. Consultant Invoices. The Consultant shall deliver a monthly invoice to the City, itemized by project work
phase or, in the case of on-call contracts, by project title. Invoice must include a breakdown of hours billed and
miscellaneous charges and any sub-consultant invoices, similarly broken down, as supporting detail.
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37. Payment. For providing services as specified in this Agreement, City will pay and Consultant shall receive
compensation in a total sum not to exceed the individual agreed upon project fee. Should the Consultant’s
designs, drawings, specifications, or reports contain errors or deficiencies, the Consultant shall be required to
correct them at no increase in cost to the City.
For on-call services, the City will pay and the Consultant shall receive compensation as agreed to on a project
by project basis.
The 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, the Consultant shall be
reimbursed for direct costs other than salary and vehicle cost that have been identified and are attached to this
agreement. The 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.
Travel time from consultant’s home office to job site shall not be billed to the City. Travel time between multiple
city projects may be billed in cases where Consultant is working on two or more City projects simultaneously.
38. 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).
The Consultant shall pay all sub-consultants within 10 calendar days from receipt of each payment made to the
Consultant by the City.
39. Disadvantaged Business Enterprise (DBE) Use for Federally Funded Projects. This agreement is subject
to Title 49, Part 26 Code of Federal Regulations entitled “Participation by Disadvantaged Business Enterprises
in Department of Transportation Financial Assistance Programs” for those projects which are federally funded.
In order to ensure the State Department of Transportation achieves its federally mandated statewide overall
DBE goal, the City encourages the participation of DBEs as defined in 49 CFR 26 in the performance of this
agreement. The City will determine on a project by project bases the extent to which a DBE can reasonably be
expected to compete for the sub-consulting opportunities in this agreement and will establish a project specific
DBE percentage. The Consultant is responsible to be fully informed regarding the requirements of 49 CFR,
Part 26. Refer to the appendices in the RFQ for forms required for DBE participation which are required to be
processed on a project by project basis
The Consultant shall notify the City of any changes to its anticipated DBE participation, maintain records of
DBE usage and complete and submit to the City the final report of DBE utilization prior to receiving final
payment. Records shall show the name and business address of each DBE and the total dollar amount
actually paid to each.
The Consultant shall pay all sub-consultants within 10 calendar days from receipt of each payment made to the
Consultant by the City.
The Consultant shall carry out applicable requirements of Title 49 CFR 26 in the award and administration of
US DOT assisted agreements. Failure by the Consultant to carry out these requirements is a material breach
of this agreement, which may result in the termination of this agreement or such other remedy as the City
deems appropriate.
40. Resolution of Disputes. Any dispute, other than audit, concerning a question of fact arising under this
contract that is not disposed of by agreement shall be decided by a committee consisting of the City’s Project
Manager and the City Director of Public Works, who may consider written or verbal information submitted by
the Consultant. Not later than thirty days after completion of all deliverables necessary to complete the plans,
specifications and estimate, the Consultant may request review by the City Council of unresolved claims or
disputes, other than audit, in accordance with Chapter 1.20 Appeals Procedure of the Municipal Code.
Any dispute concerning a question of fact arising under an audit of this contract that is not disposed of by
agreement, shall be reviewed by the City’s Chief Fiscal Officer. Not later than 30 days after issuance of the
final audit report, the Consultant may request a review by the City’s Chief Fiscal Officer of unresolved audit
issues. The request for review must be submitted in writing.
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Neither the pendency of a dispute, nor its consideration by the City will excuse the consultant from full and
timely performance in accordance with the terms of this contract.
41. Agreement Parties.
City: David Athey
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Consultant:
All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or
certified mail addressed as shown above.
42. Incorporation by Reference. City Request for Qualifications Specification No. 50410.2015LA, Consultant's
proposal dated xx/xx/xxx, are hereby incorporated in and made a part of this Agreement.
43. 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.
44. Working Out of Scope. If, at any time during the project, the consultant is directed to do work by persons
other than the City Project Manager and the Consultant believes that the work is outside of the scope of the
original contract, the Consultant shall inform the Project Manager immediately. If the Project Manager and
Consultant both agree that the work is outside of the project scope and is necessary to the successful
completion of the project, then a fee will be established for such work based on Consultant's hourly billing rates
or a lump sum price agreed upon between the City and the Consultant. Any extra work performed by
Consultant without prior written approval from the City Project Manager shall be at Consultant's own expense.
45. Complete Agreement. This written agreement, including all writings specifically incorporated herein by
reference, shall constitute the complete agreement between the parties hereto. No oral agreement,
understanding or representation not reduced to writing and specifically incorporated herein shall be of any force
or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties
hereto. For and in consideration of the payments and agreements hereinbefore mentioned to be made and
performed by City, Consultant agrees with City to do everything required by this Agreement, the said
specification and incorporated documents. Failure by the Consultant to carry out the requirements of this
Agreement is a material breach of this agreement which may result in the termination of this Agreement or such
other remedy as the City deems appropriate.
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.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first
above written.
CITY OF SAN LUIS OBISPO: CONSULTANT:
Name of Company
__________________________________
Katie Lichtig, City Manager By:
Name of CAO/President
Its: CAO/President
APPROVED AS TO FORM:
Christine Dietrick, City Attorney
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E. PROPOSAL SUBMITTAL FORMS
(Note: These forms are available in Word format – Request via email)
ACKNOWLEDGEMENT
The undersigned declares that she or he:
Has carefully examined Specification No. 50410.2015LA
Is thoroughly familiar with its content
Is authorized to represent the proposing firm; and
Agrees to perform the work as set forth in the specification and this proposal.
Firm Name and Address:
Contact Name:
Email:
Fax: Phone:
Signature of Authorized Representative:
Date:
INSURANCE CERTIFICATE
Insurance Company’s A.M. Best Rating
Certificate of insurance attached
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Landscape Architectural Design Services Page 16
AVAILABLE SERVICES
The City may wish to consult for other work elements such as environmental document preparation, regulatory
permit acquisition (creek related work) or construction management. Please identify below a simple list of other
services your firm provides. Detailed information should be included in your proposal attachment.
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The Consultant shall state whether it or any of its officers or employees who have a proprietary interest in it, has
ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local
government project because of the violation of law, a safety regulation, or for any other reason, including but not
limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the
circumstances.
Do you have any disqualification as described in the above paragraph to declare? Yes No
If yes, explain the circumstances.
Executed on ______________________at _______________________________________ under penalty of
perjury of the laws of the State of California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Consultant Representative
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REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under the
present business name: ____________________
Provide a short description of 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 detailed information in your
proposal. 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 & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
Reference No. 2
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
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Landscape Architectural Design Services Page 18
Reference No. 3
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
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F. INSURANCE REQUIREMENTS: Consultant Services
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. The Consultant agrees to notify
the City in the event that the policy is suspended, voided or reduced in coverage or limits. A minimum of 30
days prior written notice by certified mail, return receipt requested, will be provided.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A:VII.
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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G. APPENDICES
The following forms are for federally funded projects and shall be completed and submitted with the individual
project work scopes – do not include with this proposal.
Appendix 1: Proposer List
Appendix 2: Disadvantaged Business Enterprise Information – LAPM Exhibit 10-I
Appendix 3: Standard Agreement for Subcontractor / DBE Participation – LAPM Exhibit 10-J
Appendix 4: Consultant Certification of Contract Costs and Financial Management System – LAPM Exhibit 10-K
Appendix 5: Final Utilization Report (to be completed at the project completion) – LAPM Exhibit 17-F
Appendix 6: Proposer DBE Information – LAPM Exhibit 10-O1
Appendix 7: Consultant Contract DBE Information – LAPM Exhibit 10-O2
Appendix 8: Disclosure of Lobbying Activities – LAPM Exhibit 10-Q
Appendix 9: Debarment and Suspension Certification; Non-lobbying Certification
Appendix 10: Certification of Consultant and City
C7-22
Attachment 2
PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION
Notice Requesting Qualifications for
Construction Management Services
Specification No. 50410.2015CM
April 2015
The City of San Luis Obispo is requesting sealed proposals from interested consultants to provide for Construction
Management Services required for City projects pursuant to Specification No. 50410.2015CM. The City proposes
to select several qualified consultants to perform these services on an as-needed basis for specific individual
projects for a contract term of at least 2 years.
Description of Services:
In general, required services shall consist of various construction management services related to the City’s Capital
Improvement Plan or other City projects to ensure projects are constructed in accordance with the contract documents
and City requirements
Qualification Submittal Deadline:
All qualification submittals must be received by the Public Works Department at 919 Palm Street, San Luis Obispo,
CA 93401 by 2:00 P.M. on May 21, 2015.
Submittals received after said time will not be considered. To guard against premature opening, each proposal
shall be submitted to the Public Works Department in a sealed envelope plainly marked with the RFQ title,
specification number, Consultant name, and time and date of the proposal opening. Proposals shall be submitted
using the forms provided in the specification package.
Obtaining a Specification Package
Download from the City’s Web site www.slocity.org - Doing Business / Bids & Proposals page
Pick up a copy of the RFQ at the above address
A list of companies that have requested a copy of the RFQ is maintained on the web page.
Questions
Questions regarding this RFQ or project detail information should be directed to David Athey at dathey@slocity.org
or (805) 781-7108.
Disadvantaged Business Participation
DBE and other small businesses as defined in Title 49 CFR 26, are encouraged to participate in the performance of
agreements.
Rev. 1 – 03.19.2015 DMA
t:\council agenda reports\2015\2015-04-21 (budget major city goals)\engineering on-call services\attachment 2 - construction management services c8.docx
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Attachment 2
Construction Management Services Page 2
Specification No. 50410.2015CM
TABLE OF CONTENTS
A. DESCRIPTION OF WORK ....................................................................................................................................... 3
B. GENERAL TERMS AND CONDITIONS .................................................................................................................. 7
PROPOSAL REQUIREMENTS ................................................................................................................................ 7
CONTRACT AWARD AND EXECUTION ................................................................................................................ 8
C. PROPOSAL CONTENT AND SELECTION PROCESS .......................................................................................... 9
PROPOSAL CONTENT ........................................................................................................................................... 9
PROPOSAL EVALUATION AND CONSULTANT SELECTION .............................................................................. 9
D. FORM OF AGREEMENT ...................................................................................................................................... 10
ACKNOWLEDGEMENT ......................................................................................................................................... 17
INSURANCE CERTIFICATE .................................................................................................................................. 17
REFERENCES ....................................................................................................................................................... 18
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS ............................................................................... 19
F. INSURANCE REQUIREMENTS: Consultant Services ........................................................................................ 20
G. APPENDICES ....................................................................................................................................................... 21
Appendix 1 – Proposer List .................................................................................................................................... 22
Appendix 2 – Disadvantaged Business Enterprise Information – LAPM Exhibit 10-I ............................................ 22
Appendix 3 – Standard Agreement for Subcontractor / DBE Participation – LAPM Exhibit 10-J .......................... 22
Appendix 4 - Consultant Certification of Contract Costs and Financial Management System – LAPM Exhibit 10-K
................................................................................................................................................................................ 22
Appendix 5 – Final Utilization Report (to be completed at the project completion) – LAPM Exhibit 17-F ............. 22
Appendix 6 - Proposer DBE Information – LAPM Exhibit 10-O1 ........................................................................... 22
Appendix 7 – Consultant Contract DBE Information – LAPM Exhibit 10-O2 ......................................................... 22
Appendix 8 - Disclosure of Lobbying Activities– LAPM Exhibit 10-Q ..................................................................... 22
Appendix 9 - Non-Lobbying Certification & Debarment and Suspension Certification .......................................... 22
Appendix 10 - Certification of Consultant and City ................................................................................................. 22
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Construction Management Services Page 3
A. DESCRIPTION OF WORK
The City is looking for consultants interested in working closely with City Engineering staff to manage the City’s
upcoming Capital Improvement Plan during construction.
Background:
This Request for Qualification (RFQ) is to develop a two year agreement with qualified consultants to provide
construction management and other related services for the City’s Capital Improvement Plan (CIP) and other City
projects. In recent years, construction management has been performed by a combination of Engineering staff
and/or outside consultants depending on the amount of projects entering construction at a given time.
The city is requesting qualifications from Construction Management consultants to provide inspection services.
Agreements will be executed with the top ranked consults. These consultants will be used to complete Construction
Management work associated with Capital Improvement Plan projects approved in the upcoming 2015-17 Financial
Plan. While the exact list of projects is unknown at this time, the consultant should expect a similar project last as
shown in the 2013-18 Capital Improvement Plan of the 2013-15 Financial Plan, Appendix B. This document is
available for review at the city’s website. Staff anticipates that the 2015-17 Capital Improvement Plan will be similar
in variety and scope to the 2013-15 Plan.
A list of example projects for consultant construction management services can be found at the end of this section.
Specific projects will be known once the new budget is adopted.
Goals/Expectations for Construction Management:
• Effectively manage the construction of the City’s CIP projects.
• Keep an open line of communication between consultant staff and City staff during all phases of the project.
• Preserve the integrity of the design and concept of the project.
• Ensure the highest quality of construction possible.
• Minimize exposure to claims and litigation.
• Manage the cost of Capital Improvement Plan projects and stay within approved budgets.
Typ ical Scope of Services – Construction Management (CM):
Consultants should expect to perform a variety of construction management and inspection services necessary to
properly manage construction contracts and to ensure projects are built per contract requirements.
Project work is generally not full time. Services must be available on a part time basis.
City staff will be responsible for advertising construction projects, answering all questions and issuing addenda as
needed during the bid process, collect and open bids, award construction contract.
Typical project services will generally be as follows and may be amended by the City at any time:
Design Phase:
1. Provide design staff with constructability reviews of draft plans and specifications during design phase
CM Responsibilities Prior to Construction:
1. Review project plans and contract documents
2. Review questions with City’s project manager and project engineer/architect
3. Review pay quantities for awareness.
4. Prepare and maintain Project Binder – to be tabbed as follows:
- Contacts (Business Card Insert)
- Encroachment Permit
- Special Provisions
- Bid Items
- Pre-construction (Include following items under this tab:)
&
Attachment 2
Construction Management Services Page 4
• Notice to Proceed and Notice of Pre-Construction (PRECON) Conference (City to provide
copy)
• PRECON Sign In Sheet
• PRECON Agenda
• PRECON Meeting Minutes
• List of Subcontractors
• Form DAS 13 (City to provide copy)
• Equipment List (PRECON Submittal)
- Emergency Contacts (PRECON Submittal)
- Schedule (PRECON Submittal)
- Daily Records
- RFI
- Punch List
- CRB
- Claims
- Correspondence
- Notifications
- Submittals
- Extra Work Tickets
- Change Orders
- Working Days (City to Provide Calendar – annotate following)
• Rain Day
• Contract Day – No Work
• Contract Day
• Holiday
- Material Tickets
- Testing
- Certified Payroll
- Traffic Control
- Recommendation for Acceptance
5. Become familiar with applicable standard specifications, standard drawings and details.
6. Note critical items and unusual conditions.
7. Walk the project site and photograph or video the work area and site conditions prior to construction.
8. Verify coordination needed for city crews and outside utility companies.
9. Meet with staff prior to pre-construction conference
Pre-construction Conference:
1. City staff will schedule the meeting; invite contractor, consultant, affected City staff, utility companies and
regulating agencies.
2. The pre-construction meeting will be conducted by consultant staff and held in a City building. City staff
assigned to the project will attend to answer any unusual questions.
3. The CM firm conducting the meeting must understand that the pre-construction conference sets the tone
for the project. It is the contractor’s first impression of the City/ Consultant staff and how we operate. Be on
time, professional, organized, knowledgeable of the project, convey any special requirements or concerns.
a. Provide a sign in sheet for all attendees
b. Keep meeting minutes that show subjects discussed, direction given and response received.
c. Document items submitted by the contractor such as: the emergency response sheet, schedule,
submittals and other items of importance.
d. Confirm the authority and responsibility of all parties involved
e. Verify the start date of construction.
f. Address the concerns and needs of affected utility companies.
g. Discuss unusual working conditions and permit requirements.
h. Verify that the contractor will give proper notification to the residents and businesses of the start date of
construction and what kind of work is being performed.
After Pre-construction Conference:
1. Review progress schedules submitted by the contractor and accept when satisfactory
2. Log and review submittals and shop drawings as needed. Route submittals as needed for project
engineer/architect’s approval. Do not exceed the turnaround time.
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3. Document any approved changes to the scheduled start date with a change order for City execution.
4. Disburse pre-construction meeting minutes.
During construction:
1. Inspect and perform construction management services to ensure the project is built as designed and
specified.
2. Log and route RFIs.
3. Prepare and route Draft Change Orders as required.
4. Prepare correspondence necessary to maintain control over the construction contract
5. Coordinate materials testing for project
6. Notify City contact at any point in the project when a dispute arises, an unknown condition is discovered or
at any time the contractor believes extra work / change order work is warranted.
7. Daily: document manpower, equipment and materials used on site, separate activities, hours and
resources by pay item. Document Inspector arrival/departure time from site.
8. Notify contractor of any unacceptable condition or workmanship. Do not vary from the project specifications
or design without the authority or approval of the engineer. Document the approved change.
9. Document any conversations that could be significant in the event a claim or dispute.
10. Check site safety and signing.
11. Check for public safety and compliance to the approved traffic control plan.
12. Respond to basic public inquires. Refer more complicated inquires to appropriate City staff.
13. Verify stormwater controls are in place and in good condition
14. Verify layout, operations and intent of work with the contractor.
15. Examine all material to be used for contract compliance and if rejected have it removed from the job.
Document findings. Follow City Quality Assurance Program guidelines and tracking sheets.
16. Review schedules and specifications for upcoming work.
17. Be alert to changes in the character of work and site conditions.
18. Document any delays including the cause and time of day.
19. Complete a weekly statement of working days. Keep current and give a copy to the contractor.
20. Document the approved Force Account work on the appropriate forms daily.
21. Maintain records of disputed work
a. Maintain a daily diary of craft of workers, equipment, operations and hours spent on each item.
b. Obtain agreement and sign off of job supervisor of the documented operation performed with written
reservation to the validity of the claim.
c. Review the plans and specifications for legitimacy of contractors claim.
d. Discuss with construction manager to minimize impacts if the City is liable.
e. Note statements of concern made by the contractor in your diary.
f. Conduct an ongoing evaluation of operations and materials used.
22. Maintain open communication with the contractor
23. Note your approval or rejection of material and work.
24. Conduct periodic meetings with contractor and interested parties as is appropriate or as required by project
specifications.
25. Review certified payroll forms for compliance with State and Federal regulations governing the payment of
prevailing wages. .
26. Monitor the subcontractors used on the project for compliance with the contractors listing requirements. Do
not allow substitution of subcontractors unless proper procedures are followed.
27. Notify City contact if the contractor is in non-compliance with prevailing wage requirements and use of
subcontractors on the project
28. On federally financed contracts constantly monitor for compliance of federal wage requirements, Poster
boards, DBE requirements and EEO notifications.
29. Review project progress, proposed change orders and notification to the project with the design engineer.
30. Monitor and notify the contractor if he is not meeting his schedule.
31. Always stay ahead of the contractor by reading plans and specifications.
32. On a daily basis, maintain a set of Record Drawings
33. At the end of each month assist the City with Pay Estimates:
a. Measure all work performed during the month, using the pay items.
b. Provide any back up documentation such as tonnage slips
Construction Close Out:
1. Review project for acceptance of workmanship and materials.
2. Review site with the design project manager for acceptance.
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3. Compile a punch list of deficiencies.
4. Notify the contractor and re-inspect when the contractor is ready. Working days are in effect until all
contract items are complete.
5. Collect and file or distribute maintenance manuals and operating instructions of equipment installed as it
applies to the project specifications.
6. Assist with scheduling the training for City maintenance staff if training is required in the project
specifications.
7. Compile and review record drawings, make changes or have changes made as required.
8. Draft and Submit Recommendation for Acceptance to City following Project Completion
9. Within 2 weeks of project completion, prepare and chair a post construction meeting with the design
engineer and staff involved with the project to discuss the pros and cons. Prepare a complete critique of the
project for the meeting.
Project Close Out:
1. Complete project close out and turn all records over to the City within 2 weeks. The City field staff assigned
to the project will confirm the accuracy and pass them on to the designer.
Agreement Management:
The selected consultant will be expected to assign a single point person who understands the overall agreement
and can manage paperwork associated with it. This person does not need to be assigned to any of the individual
projects, but should be available to listen and follow up on concerns regarding performance.
Consultant shall meet with project manager to discuss project in order to develop a project workscope and cost
proposal. The cost of the scoping meeting may be included in the project cost proposal. The City will evaluate the
proposal upon receipt and negotiate workscope further as needed. The consultant will receive a Purchase Order
after the project work scope and cost proposal has been accepted, signaling the start of the project work.
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B. GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (Consultant) shall meet all
of the terms, and conditions of the Request for Qualification (RFQ) specifications package. By virtue of its
proposal submittal, the Consultant acknowledges agreement with and acceptance of all provisions of the RFQ
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. Unless noted otherwise, provide a
minimum of 3 copies. Proposal documents shall be enclosed in an envelope that shall be sealed and
addressed to the Public Works Department, City of San Luis Obispo, 919 Palm Street, San Luis Obispo, CA,
93401. Each proposal submittal shall include one electronic copy of the proposal, submitted in Adobe Acrobat
format on CD or flash drive. In order to guard against premature opening, the proposal should be clearly
labeled with the proposal title, specification number, name of Consultant, 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 Consultant’s insurance coverage
during proposal evaluation; as discussed under paragraph 13 below, endorsements are not required until
contract award. The City’s insurance requirements are detailed in Section F.
4. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form
provided in the RFQ package.
5. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past
government disqualifications on the form provided in the RFQ package.
6. Proposal Withdrawal and Opening. A Consultant may withdraw its proposal, without prejudice prior to the
time specified for the proposal opening, by submitting a written request to the City Engineer for its withdrawal,
in which event the proposal will be returned to the Consultant unopened. No proposal received after the time
specified or at any place other than that stated in the "Notice Requesting Proposals" will be considered. All
proposals will be opened and declared publicly. Consultants 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 Consultant submitting a
proposal, or who has quoted prices on materials to such Consultant, is not thereby disqualified from submitting
a sub-proposal or from quoting prices to other Consultants 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.
9. Alternative Proposals. When specifically requested, the proposer may submit an alternative proposal (or
proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the
proposer must provide an analysis of the advantages and disadvantages of each of the alternatives, and
discuss under what circumstances the City would prefer one alternative to the other(s). If an alternative
proposal is submitted, the maximum length of the proposal may be expanded proportionately by the number of
alternatives submitted.
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CONTRACT AWARD AND EXECUTION
10. 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.
11. Competency and Responsibility of Consultant. The City reserves full discretion to determine the
competence and responsibility, professionally and/or financially, of Consultants. Consultants will provide, in a
timely manner, all information that the City deems necessary to make such a decision.
12. Contract Requirement. The Consultant 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.
13. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages and
amounts specified in Section F of these specifications within 10 (ten) calendar days after notice of contract
award as a precondition to contract execution.
14. Business License & Tax. The Consultant must have a valid City of San Luis Obispo business license and tax
certificate before execution of the contract. Additional information regarding the City's business license and tax
program may be obtained by calling (805) 781-7134.
15. Failure to Accept Contract. The following will occur if the Consultant to whom the award is made
(Consultant) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in
accordance with the special terms and conditions if a Consultant's bond or security is required; and an award
may be made to the next highest ranked Consultant with whom a responsible compensation is negotiated, who
shall fulfill every stipulation as if it were the party to whom the first award was made.
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Section C
C. PROPOSAL CONTENT AND SELECTION PROCESS
PROPOSAL CONTENT
1. Submittal Forms
a. Acknowledgement
b. Insurance Certificate
c. References
d. Statement of Past Disqualifications
2. Qualifications
a. Experience of your firm in performing similar services
b. Experience of the staff to be assigned to the project in performing similar services
c. Redundancy in the company of staff experienced in this type of work
d. Resumes of the individuals who would be assigned to this project, including any known sub-consultants
e. Statement and explanation of any instances where your firm has been removed from a project or
disqualified from proposing on a project
f. Standard hourly billing rates for consultant and sub-consultant staff
g. Detailed list of standard services available directly from the company
3. Work Program
a. Description of your approach to completing the work
b. Services or data anticipated to be provided by the City
c. Any other information that would assist us in making this contract award decision
4. Proposal Length and Copies
a. Proposals should be the minimum length to provide the required information. Charts and other short form
approaches to conveying information are encouraged.
b. 3 copies of the proposal must be submitted.
c. 1 PDF format electronic copy must be submitted on CD or flash drive.
PROPOSAL EVALUATION AND CONSULTANT SELECTION
Proposals will be evaluated by a review committee and contract award process as follows:
1. Written Proposal Review/Finalist Candidate Selection
Proposals will be reviewed by a selection committee and ranked in accordance with the responsiveness,
qualifications and understanding of the Consultant relative to these specification requirements. A group of
finalist (short list) may be selected for follow-up requests for information or interviews before a final ranking is
determined.
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; results of background and
reference checks; and proposed compensation rates.
2. Proposal Review and Award Schedule
The following is an outline of the anticipated schedule for proposal review and contract award:
Issue RFP .................................................................... 4/25/15
Receive proposals ..................................................... 05/21/15
Complete proposal evaluation ................................... 06/05/15
Award contract ........................................................... 06/23/15
Execute contract ........................................................ 07/07/15
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Section D
D. FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by and
between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and
[CONSULTANT’S NAME IN CAPITAL LETTERS], hereinafter referred to as Consultant.
W I T N E S S E T H
WHEREAS, on April 21, 2015, City requested proposals for Capital Improvement Plan Construction
Management Services per Specification No. 50410.2015CM.
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.
2. Start and Completion of Work. Work on this project shall begin within 5 calendar days after contract
execution. Individual projects shall be completed in accordance with approved project schedules.
3. Contract Term for On-Call Service Contracts. The services identified in this specification will be contracted
for by the City for two years. Actual work may extend beyond the final date.
4. Contract Extension and Cost Increases for On-call Service Contracts. The term of the contract may be
extended by mutual consent for an additional year. During this extended period, labor rates may be increased
to reflect increased labor costs and overhead at each 1 year contract anniversary, provided the City is notified
of the increases in advance.
5. 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.
6. 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, or the Consultant’s work is determined to be deficient, the City may
notify the Consultant in writing of such defect or failure to perform. This notice will 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
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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 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.
If, at any time during the term of the contract, the City determines that the project is not feasible due to funding
shortages, unforeseen circumstances, or is in its best interest to terminate the contract, the City reserves the
right to terminate the contract. Consultant will be paid compensation due and payable to the date of
termination.
7. 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 applicable federal, state, county, city, and special district laws,
ordinances, and regulations.
8. Sub-contract Provisions. No portion of the work pertinent to this contract shall be subcontracted without
written authorization by the City, except that which is expressly identified in the Consultant’s proposal. Any
substitution of sub-consultants must be approved in writing by the City. For any sub-contract for services in
excess of $25,000, the subcontract shall contain all provisions of this agreement.
9. 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.
10. 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.
11. Record Retention and Audit. For the purpose of determining compliance with various laws and regulations
as well as performance of the contract, the Consultant and sub-consultants shall maintain all books,
documents, papers, accounting records and other evidence pertaining to the performance of the contract,
including but not limited to the cost of administering the contract. Materials shall be made available at their
respective offices at all reasonable times during the contract period and for three years from the date of final
payment under the contract. Authorized representatives of the City shall have the option of inspecting and/or
auditing all records. For Federally funded projects, access to records shall also include authorized
representatives of the State and Federal government. Copies shall be furnished if requested.
12. Conflict of Interest. The Consultant shall disclose any financial, business, or other relationship with the City
that may have an impact upon the outcome of this contract, or any ensuing City construction project. The
Consultant shall also list current clients who may have a financial interest in the outcome of this contract, or any
ensuing City construction project which will follow. The Consultant staff shall provide a Conflict of Interest
Statement where determined necessary by the City.
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.
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13. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that this contract was not
obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any
City employee. For breach or violation of the warranty, the City shall have the right in its discretion; to
terminate the contract without liability; to pay only for the value of the work actually performed; to deduct from
the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
14. Covenant Against Contingent Fees. The Consultant warrants by execution of this contract that no person or
selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or
understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Consultant for the purpose of securing
business. For breach or violation of this warranty, the City has the right to annul this contract without liability;
pay only for the value of the work actually performed, or in its discretion, to deduct from the contract price or
consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent
fee.
15. Compliance with Laws and Wage Rates. 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. This includes compliance with prevailing
wage rates and their payment in accordance with California Labor Code. For purposed of this paragraph,
“construction” includes work performed during the design and preconstruction phases of construction, including
but not limited to, inspection and land surveying work.
16. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Consultant is
required to pay.
17. Permits, Licenses and Filing Fees. The Consultant shall procure all permits and licenses, pay all charges
and fees, and file all notices as they pertain to the completion of the Consultant’s work. The City will pay all
application fees for permits required for the completion of the project including building and regulatory permit
application fees. Consultant will provide a 10 day notice for the City to issue a check.
18. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established
by OSHA and the California Division of Industrial Safety.
19. 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 other protective measures
as are necessary to prevent accidents or damage or injury to the public and employees.
20. 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.
21. 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.
22. Consultant Non-Discrimination. In the award of subcontracts or in 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 on any basis prohibited by State or Federal law.
23. Accuracy of Specifications. The specifications for individual projects are believed by the City to be accurate
and to contain no affirmative misrepresentation or any concealment of fact. Consultants 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 Consultant and all sub-consultants named in its proposal shall bear sole responsibility for proposal
preparation errors resulting from any misstatements or omissions in the specifications that could easily have
been ascertained by examining either the project site or accurate test data in the City's possession. Although
the effect of ambiguities or defects in the specifications will be as determined by law, any patent ambiguity or
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defect shall give rise to a duty of Consultant to inquire prior to proposal submittal. Failure to so inquire shall
cause any such ambiguity or defect to be construed against the Consultant. An ambiguity or defect shall be
considered patent if it is of such a nature that the Consultant, 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
Consultant or sub-consultants to notify City in writing of specification defects or ambiguities prior to proposal
submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the proposal.
To the extent that the specifications constitute performance specifications, the City shall not be liable for costs
incurred by the successful Consultant to achieve the project’s objective or standard beyond the amounts
provided therefor in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity
or defect in the specifications, or any other matter whatsoever, 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.
24. Indemnification for Professional Liability. To the fullest extent permitted by law, the Consultant shall
indemnify, protect, defend and hold harmless the City and any and all of its officials, employees and
agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and
expenses, including attorney’s fees and costs which arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Consultant.
25. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from
other consultants during the contract term.
26. Project Proposal Submittal. Upon completion of the project scoping meeting, the Consultant shall submit a
proposed workscope, compensation and schedule within 10 working days. The cost proposal shall include all
costs including miscellaneous direct cost items.
27. Standards. Documents shall conform to City Standards and City furnished templates shall be used.
28. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and signed by the
Consultant where required.
29. Required Deliverable Products and Revisions. The Consultant will be required to provide documents
addressing all elements of the workscope. Plans shall be prepared using the City’s standardized title blocks
and coversheets. Draft plans shall be submitted for review in full D (24x36) format. Specifications and bid
documents shall conform to standard City formats unless authorized. The City’s current Standard Specifications
and Engineering Standards must be incorporated where applicable.
City staff will review any documents or materials provided by the Consultant and, where necessary, the
Consultant will respond to staff comments and make such changes as deemed appropriate. Submittals shall
include the previous marked up submittal (returned to the Consultant) to assist in the second review. Changes
shall be made as requested or a notation made as to why the change is not appropriate.
Unless noted otherwise in the approved project work scope, consultant shall submit:
• 2 copies of the draft preliminary reports and as-built plans in hardcopy and unlocked PDF electronic file.
• 1 copy of the final preliminary reports, technical studies plus markups in hardcopy and unlocked PDF
electronic file.
• 1 copy of the final signed and stamped as-built plans, specifications and estimates in hardcopy and
unlocked Adobe Acrobat electronic file.
• 1 copy of the final record drawings after construction
Draft reports and as-built plan submittals shall be submitted as paper copies. Final documents and record
documents shall be submitted as camera-ready original, unbound, each page printed on only one side,
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including any original graphics in place and scaled to size, ready for reproduction AND one electronic copy
submitted in Adobe Acrobat format including all original stamps and signatures.
Electronic files shall be submitted on CD and all files must be compatible with the Microsoft operating system.
Each CD must be clearly labeled and have a printed copy of the directory. Files may be emailed to the City in
lieu of putting them on CD.
30. Ownership of Materials. Upon completion of all work under this contract, ownership and title to all reports,
documents, plans, specifications, and estimates produced as part of this contract will automatically be vested in
the City and no further agreement will be necessary to transfer ownership to the City. The Consultant shall
furnish the City all necessary electronic and hard copies of data needed to complete the review and approval
process.
It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine
readable form, are intended for one-time use in the construction of the project for which this contract has been
entered into.
The Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or
misuse by the City of the machine-readable information and data provided by the Consultant under this
agreement. Further, the Consultant is not liable for claims, liabilities, or losses arising out of, or connected with
any use by City of the project documentation on other projects, except such use as may be authorized in writing
by the Consultant.
31. 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 the City and shall not be made available to any individual or organization by the Consultant without the prior
written approval of the City.
The Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding
work performed or to be performed under this contract without prior review of the contents thereof by the City
and receipt of the City’s written permission.
32. 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.
33. Attendance at Meetings And Hearings. As part of the workscope, and included in the contract price, is
attendance by the Consultant at public meetings to present and discuss its findings and recommendations.
Consultant shall attend as many "working" meetings with staff as necessary in performing workscope tasks.
34. Permit and Filing Fees. The Consultant shall procure all permits, and licenses, pay all charges and fees and
file all notices necessary as they pertain to the completion of the Consultant’s work. The City will pay all
application fees for permits required for the completion of the project work. The City requires a 10 day notice to
issue a check.
35. Requests for Review. The Consultant shall respond to all requests for submittal review or contractor RFI’s
within two weeks of receipt of the information from the City.
36. Consultant Invoices. The Consultant shall deliver a monthly invoice to the City, itemized by project work
phase or, in the case of on-call contracts, by project title. Invoice must include a breakdown of hours billed and
miscellaneous charges and any sub-consultant invoices, similarly broken down, as supporting detail.
37. Payment. For providing services as specified in this Agreement, City will pay and Consultant shall receive
compensation in a total sum not to exceed the individual agreed upon project fee. Should the Consultant’s
designs, drawings, specifications, or reports contain errors or deficiencies, the Consultant shall be required to
correct them at no increase in cost to the City.
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For on-call services, the City will pay and the Consultant shall receive compensation as agreed to on a project
by project basis.
The 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, the Consultant shall be
reimbursed for direct costs other than salary and vehicle cost that have been identified and are attached to this
agreement. The 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.
Travel time from consultant’s home office to job site shall not be billed to the City. Travel time between multiple
city projects may be billed in cases where Consultant is working on two or more City projects simultaneously.
38. 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).
The Consultant shall pay all sub-consultants within 10 calendar days from receipt of each payment made to the
Consultant by the City.
39. Disadvantaged Business Enterprise (DBE) Use for Federally Funded Projects. This agreement is subject
to Title 49, Part 26 Code of Federal Regulations entitled “Participation by Disadvantaged Business Enterprises
in Department of Transportation Financial Assistance Programs” for those projects which are federally funded.
In order to ensure the State Department of Transportation achieves its federally mandated statewide overall
DBE goal, the City encourages the participation of DBEs as defined in 49 CFR 26 in the performance of this
agreement. The City will determine on a project by project bases the extent to which a DBE can reasonably be
expected to compete for the sub-consulting opportunities in this agreement and will establish a project specific
DBE percentage. The Consultant is responsible to be fully informed regarding the requirements of 49 CFR,
Part 26. Refer to the appendices in the RFQ for forms required for DBE participation, which are required to be
processed on a project by project basis
The Consultant shall notify the City of any changes to its anticipated DBE participation, maintain records of
DBE usage and complete and submit to the City the final report of DBE utilization prior to receiving final
payment. Records shall show the name and business address of each DBE and the total dollar amount
actually paid to each.
The Consultant shall pay all sub-consultants within 10 calendar days from receipt of each payment made to the
Consultant by the City.
The Consultant shall carry out applicable requirements of Title 49 CFR 26 in the award and administration of
US DOT assisted agreements. Failure by the Consultant to carry out these requirements is a material breach
of this agreement, which may result in the termination of this agreement or such other remedy as the City
deems appropriate.
40. Resolution of Disputes. Any dispute, other than audit, concerning a question of fact arising under this
contract that is not disposed of by agreement shall be decided by a committee consisting of the City’s Project
Manager and the City Director of Public Works, who may consider written or verbal information submitted by
the Consultant. Not later than thirty days after completion of all deliverables necessary to complete the plans,
specifications and estimate, the Consultant may request review by the City Council of unresolved claims or
disputes, other than audit, in accordance with Chapter 1.20 Appeals Procedure of the Municipal Code.
Any dispute concerning a question of fact arising under an audit of this contract that is not disposed of by
agreement, shall be reviewed by the City’s Chief Fiscal Officer. Not later than 30 days after issuance of the
final audit report, the Consultant may request a review by the City’s Chief Fiscal Officer of unresolved audit
issues. The request for review must be submitted in writing.
Neither the pendency of a dispute, nor its consideration by the City will excuse the consultant from full and
timely performance in accordance with the terms of this contract.
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41. Agreement Parties.
City: Robert Greenlaw
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Consultant:
All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or
certified mail addressed as shown above.
42. Incorporation by Reference. City Request for Qualifications Specification No. 50410.2015CM, Consultant's
proposal dated xx/xx/xxx, are hereby incorporated in and made a part of this Agreement.
43. 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.
44. Working Out of Scope. If, at any time during the project, the consultant is directed to do work by persons
other than the City Project Manager and the Consultant believes that the work is outside of the scope of the
original contract, the Consultant shall inform the Project Manager immediately. If the Project Manager and
Consultant both agree that the work is outside of the project scope and is necessary to the successful
completion of the project, then a fee will be established for such work based on Consultant's hourly billing rates
or a lump sum price agreed upon between the City and the Consultant. Any extra work performed by
Consultant without prior written approval from the City Project Manager shall be at Consultant's own expense.
45. Complete Agreement. This written agreement, including all writings specifically incorporated herein by
reference, shall constitute the complete agreement between the parties hereto. No oral agreement,
understanding or representation not reduced to writing and specifically incorporated herein shall be of any force
or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties
hereto. For and in consideration of the payments and agreements hereinbefore mentioned to be made and
performed by City, Consultant agrees with City to do everything required by this Agreement, the said
specification and incorporated documents. Failure by the Consultant to carry out the requirements of this
Agreement is a material breach of this agreement which may result in the termination of this Agreement or such
other remedy as the City deems appropriate.
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.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first
above written.
CITY OF SAN LUIS OBISPO: CONSULTANT:
Name of Company
__________________________________
Katie Lichtig, City Manager By:
Name of CAO/President
Its: CAO/President
APPROVED AS TO FORM:
Christine Dietrick, City Attorney
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E. PROPOSAL SUBMITTAL FORMS
(Note: These forms are available in Word format – Request via email)
ACKNOWLEDGEMENT
The undersigned declares that she or he:
Has carefully examined Specification No. 50410.2015CM
Is thoroughly familiar with its content
Is authorized to represent the proposing firm; and
Agrees to perform the work as set forth in the specification and this proposal.
Firm Name and Address:
Contact Name:
Email:
Fax: Phone:
Signature of Authorized Representative:
Date:
INSURANCE CERTIFICATE
Insurance Company’s A.M. Best Rating
Certificate of insurance attached
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REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under the
present business name: _________
Provide a short description of 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 detailed information in your
proposal. 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 & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
Reference No. 2
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
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Reference No. 3
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The Consultant shall state whether it or any of its officers or employees who have a proprietary interest in it, has
ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local
government project because of the violation of law, a safety regulation, or for any other reason, including but not
limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the
circumstances.
Do you have any disqualification as described in the above paragraph to declare? Yes No
If yes, explain the circumstances.
Executed on ______________________at _______________________________________ under penalty of
perjury of the laws of the State of California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Consultant Representative
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F. INSURANCE REQUIREMENTS: Consultant Services
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 20 10 Prior to 1993
or CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as determined by the City).
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. The Consultant agrees to notify
the City in the event that the policy is suspended, voided or reduced in coverage or limits. A minimum of 30
days prior written notice by certified mail, return receipt requested, will be provided.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A:VII.
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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Section G
G. APPENDICES
The following forms are for federally funded projects and shall be completed and submitted with the individual
project work scopes – do not include with this proposal.
Appendix 1: Proposer List
Appendix 2: Disadvantaged Business Enterprise Information – LAPM Exhibit 10-I
Appendix 3: Standard Agreement for Subcontractor / DBE Participation – LAPM Exhibit 10-J
Appendix 4: Consultant Certification of Contract Costs and Financial Management System – LAPM Exhibit 10-K
Appendix 5: Final Utilization Report (to be completed at the project completion) – LAPM Exhibit 17-F
Appendix 6: Proposer DBE Information – LAPM Exhibit 10-O1
Appendix 7: Consultant Contract DBE Information – LAPM Exhibit 10-O2
Appendix 8: Disclosure of Lobbying Activities– LAPM Exhibit 10-Q
Appendix 9: Non-Lobbying Certification & Debarment and Suspension Certification
Appendix 10: Certification of Consultant and City
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Attachment 3
PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION
Notice Requesting Qualifications for
Environmental Services
Specification No. 50410.2015ENV
April 2015
The City of San Luis Obispo is requesting sealed proposals for Capital Improvement Plan Environmental Services
pursuant to Specification No. 50410.2015ENV. All proposals must be received by the Public Works Department at
919 Palm Street, San Luis Obispo, CA 93401 by 2:00 P.M. on May 21, 2015.
Proposals received after said time will not be considered. To guard against premature opening, each proposal
shall be submitted to the Public Works Department in a sealed envelope plainly marked with the proposal title,
specification number, Consultant name, and time and date of the proposal opening. Proposals shall be submitted
using the forms provided in the specification package.
Obtaining a Specification Package
Download from the City’s Web site www.slocity.org - Doing Business / Bids & Proposals page, or;
Pick up a copy of the RFQ at the above address
A list of companies that have requested a copy of the proposal is maintained on the web page.
Questions
Questions regarding this RFQ or project detail information may be obtained by contacting David Athey at (805) 781-
7108.
Disadvantaged Business Participation
DBE and other small businesses as defined in Title 49 CFR 26, are encouraged to participate in the performance of
agreements.
Rev 1 - 03.16.15 DMA
t:\council agenda reports\2015\2015-04-21 (budget major city goals)\engineering on-call services\attachment 3 - environmental services c8.docx
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Specification No. 50410.2015ENV
TABLE OF CONTENTS
A. DESCRIPTION OF WORK ...................................................................................................................................... 3
B. GENERAL TERMS AND CONDITIONS ................................................................................................................. 4
PROPOSAL REQUIREMENTS ................................................................................................................................ 4
CONTRACT AWARD AND EXECUTION ................................................................................................................ 5
C. PROPOSAL CONTENT AND SELECTION PROCESS ......................................................................................... 6
PROPOSAL CONTENT ........................................................................................................................................... 6
PROPOSAL EVALUATION AND CONSULTANT SELECTION .............................................................................. 6
D. FORM OF AGREEMENT ........................................................................................................................................ 8
E PROPOSAL SUBMITTAL FORMS ........................................................................................................................ 15
ACKNOWLEDGEMENT ......................................................................................................................................... 15
INSURANCE CERTIFICATE .................................................................................................................................. 15
REFERENCES ....................................................................................................................................................... 16
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS ............................................................................... 17
F INSURANCE REQUIREMENTS: Consultant Services ......................................................................................... 18
G APPENDICES ........................................................................................................................................................ 19
Appendix 1 – Proposer List .................................................................................................................................... 20
Appendix 2 – Disadvantaged Business Enterprise Information – LAPM Exhibit 10-I ............................................ 20
Appendix 3 – Standard Agreement for Subcontractor / DBE Participation – LAPM Exhibit 10-J .......................... 20
Appendix 4 - Consultant Certification of Contract Costs and Financial Management System – LAPM Exhibit 10-K
................................................................................................................................................................................ 20
Appendix 5 – Final Utilization Report (to be completed at the project completion) – LAPM Exhibit 17-F ............. 20
Appendix 6 - Proposer DBE Information – LAPM Exhibit 10-O1 ........................................................................... 20
Appendix 7 – Consultant Contract DBE Information – LAPM Exhibit 10-O2 ......................................................... 20
Appendix 8 - Disclosure of Lobbying Activities– LAPM Exhibit 10-Q ..................................................................... 20
Appendix 9 - Non-Lobbying Certification & Debarment and Suspension Certification .......................................... 20
Appendix 10 - Certification of Consultant and City ................................................................................................. 20
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A. DESCRIPTION OF WORK
The City is looking for qualified consultants interested in working closely with City Engineering staff to deliver Capital
Improvement Plan projects and other City projects requiring environmental services. The City may contract with more
than one firm to accomplish this work.
1. General:
The City is requesting qualifications form qualified consultants to provide on-call environmental services. Currently, the
City is not adequately staffed to handle these services in-house. Therefore, the City is interested in generating a list of
qualified consultants specializing in this type of work. The City will contract consultants from this list, as needed, to
assist City staff with Capital Improvement Plan projects developed through the 2015-17 Financial Plan process. While
the exact list of projects is unknown at this time the consultant should expect similar project list as shown in the 2013-
18 Capital Improvement Plan of the 2013-15 Financial Plan. This document is available for review at the city’s
website. Staff anticipates that the 2015-17 Capital Improvement Plan will be similar in variety and scope to the
2013-15 Plan.
The successful consultants will be expected to perform the types of services outlined in this RFQ and in their
submittal. Your company is not required to have capabilities in all these areas to submit a proposal. Please
identify what areas you believe your company has expertise on the submittal forms.
2. Scope of Work and Minimum Consultant Services:
Consultants should expect to perform a variety of environmental services related to the City’s Capital Improvement
Plan or other City projects. Consultants shall be expected to render services on an “as-needed” basis. Typical project
services may include some or all of the following tasks:
a. Archaeological and Historical Assessments – Perform assessments and studies such as resources
inventories in accordance with City guidelines and Historic Property Survey Reports in accordance with
Caltrans procedures.
b. Archaeological Subsurface Investigations – Perform Subsurface Archaeological Resource Evaluations in
accordance with City guidelines
c. Biological Assessments –Conduct biological assessments including wildlife and rare plant surveys, habitat
assessments, identifying impacts and recommending mitigation measures, in accordance with regulatory
agency protocols.
d. Prepare Initial Studies including arranging for and obtaining all supporting assessments, studies and
documentation necessary for city, state and federal environmental review processes (NEPA and CEQA).
e. Regulatory Analysis and Permitting - Provide assistance and consultation to define, research and resolve
state and federal regulatory requirements, provide jurisdictional surveys such as Ordinary High Water and
Wetland delineations; provide permitting assistance and services with agencies such as Army Corps of
Engineers, Regional Water Quality Control Board, State Fish & Wildlife, etc.; determine specific permit
requirements for specific projects, identify regulatory options, prepare permit applications and supporting
materials.
f. Construction Mitigation and Monitoring – Perform Archaeological and/or Biological mitigation and monitoring
services during construction. Prepare construction mitigation and monitoring plans and perform pre-
construction training for project personal. Conduct day and night site surveys and relocate endangered
species as required. Prepare monitoring reports required by regulatory agencies.
g. Archaeological Data Recovery – Perform Archaeological Date Recovery Excavations if required in
accordance with City guidelines.
h. Habitat Restoration - Prepare habitat restoration/revegetation plans. Assist the City or oversee
implementation of restoration efforts as requested by the City. Provide ongoing monitoring and reporting of
restoration efforts.
3. Special Experience and Qualifications:
a. Biologists. As maybe required by permit conditions, the Consultant shall have the ability to provide Fish and
Wildlife Service approved biologists and qualified fisheries biologists having expertise in the areas of resident
or anadromous salmonid biology and ecology, fish/habitat relationships, biological monitoring, and handling,
collecting, and relocating salmonid species.
b. Archaeologists. Archaeologists performing work under this contract shall be pre-qualified by the City’s
Community Development Department.
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B. GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each Consultant submitting a proposal shall meet all of the terms, and
conditions of the Request for Qualifications (RFQ) specifications package. By virtue of its proposal submittal,
the Consultant acknowledges agreement with and acceptance of all provisions of the RFQ specifications.
2. Proposal Submittal. Each proposal must include the form(s) provided in the specifications, 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, 919
Palm Street, San Luis Obispo, CA, 93401. Each proposal submittal shall include one electronic copy of the
proposal, submitted in Adobe Acrobat format on CD or flash drive. In order to guard against premature opening,
the proposal should be clearly labeled with the proposal title, specification number, name of Consultant, 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 Consultant’s insurance coverage
during proposal evaluation; as discussed under paragraph 13 below, endorsements are not required until
contract award. The City’s insurance requirements are detailed in Section F.
4. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form
provided in the RFQ package.
5. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past
government disqualifications on the form provided in the RFQ package.
6. Proposal Withdrawal and Opening. A Consultant may withdraw its proposal, without prejudice prior to the
time specified for the proposal opening, by submitting a written request to the City Engineer for its withdrawal,
in which event the proposal will be returned to the Consultant unopened. No proposal received after the time
specified or at any place other than that stated in the "Notice Requesting Proposals" will be considered. All
proposals will be opened and declared publicly. Consultants 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 Consultant submitting a
proposal, or who has quoted prices on materials to such Consultant, is not thereby disqualified from submitting
a sub-proposal or from quoting prices to other Consultants 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.
9. Alternative Proposals. When specifically requested, the proposer may submit an alternative proposal (or
proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the
proposer must provide an analysis of the advantages and disadvantages of each of the alternatives, and
discuss under what circumstances the City would prefer one alternative to the other(s). If an alternative
proposal is submitted, the maximum length of the proposal may be expanded proportionately by the number of
alternatives submitted.
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CONTRACT AWARD AND EXECUTION
10. 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 “Proposal Evaluation and Consultant
Selection” in Section C of these specifications for proposal evaluation and contract award criteria.
11. Competency and Responsibility of Consultant. The City reserves full discretion to determine the
competence and responsibility, professionally and/or financially, of Consultants. Consultants will provide, in a
timely manner, all information that the City deems necessary to make such a decision.
12. Contract Requirement. The Consultant to whom award is made 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.
13. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages and
amounts specified in these specifications within 10 (ten) calendar days after notice of contract award as a
precondition to contract execution.
14. Business License & Tax. The Consultant must have a valid City of San Luis Obispo business license and tax
certificate before execution of the contract. Additional information regarding the City's business license and tax
program may be obtained by calling (805) 781-7134.
15. Failure to Accept Contract. The following will occur if the Consultant to whom the award is made
(Consultant) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in
accordance with the special terms and conditions if a Consultant's bond or security is required; and an award
may be made to the next highest ranked Consultant with whom a responsible compensation is negotiated, who
shall fulfill every stipulation as if it were the party to whom the first award was made.
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C. PROPOSAL CONTENT AND SELECTION PROCESS
PROPOSAL CONTENT
1. Submittal Forms
a. Acknowledgement
b. Certificate of Insurance
c. References
d. Statement of Past Disqualifications
2. Qualifications
a. Experience of your firm in performing similar services
b. Experience of the staff to be assigned to the project in performing similar services
c. Redundancy in the company of staff experienced in this type of work
d. Resumes of the individuals who would be assigned to this project, including any sub-consultants
e. Proximity and staffing levels of the nearest company office
f. Statement and explanation of any instances where your firm has been removed from a project or
disqualified from proposing on a project
g. Standard hourly billing rates for consultant and sub-consultant staff
h. Detailed list of services available directly from the company
3. Work Program
a. Description of your approach to working with City staff to achieve their goal of completing the assigned
work.
b. Tentative schedule by phase and task for completing the work
c. Estimated hours for your staff in performing each major phase of the work, including sub-consultants
d. Services or data anticipated to be provided by the City
e. Any other information that would assist us in making this contract award decision
4. Proposal Length and Copies
a. Proposals should be the minimum length to provide the required information. Charts and other short form
approaches to convey information are encouraged.
b. 3 copies of the proposal must be submitted.
c. 1 PDF format electronic copy must be submitted on CD or flash drive.
PROPOSAL EVALUATION AND CONSULTANT SELECTION
Proposals will be evaluated by a review committee and contract award process as follows:
5. Written Proposal Review/Finalist Candidate Selection
Evaluation of the proposals will be based on the following qualifications:
• Demonstrated competence, professional qualifications of proposed staff
• Recent experience in successfully performing similar services
• Positive past performance with other governmental agencies with respect to quality of work and ability
to meet deadlines
• Ability to respond quickly to work requests
Proposals will be reviewed by a selection committee and ranked in accordance with the responsiveness,
qualifications and understanding of the Consultant relative to these specification requirements. Where one
proposal is rated consistently higher than the others, the consultant may be selected as the top ranked
consultant for purposes of contract negotiation. Alternatively, a group of finalist candidates (generally the top
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three to five proposers) may be selected for follow-up interviews and presentations, or requests for additional
clarifying information, before a final top ranked consultant is determined.
6. Consultant Selection and Compensation
Contract award will be based on a combination of factors that represent the best overall value for completing
the workscope 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.
7. Proposal Review and Award Schedule
The following is an outline of the anticipated schedule for proposal review and contract award:
Issue RFP .................................................................... 4/25/15
Receive proposals ..................................................... 05/21/15
Complete proposal evaluation ................................... 06/05/15
Award contract ........................................................... 06/23/15
Execute contract ........................................................ 07/07/15
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D. FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by and
between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and
[CONSULTANT’S NAME IN CAPITAL LETTERS], hereinafter referred to as Consultant.
W I T N E S S E T H
WHEREAS, on April 21, 2015, City requested proposals for Capital Improvement Plan Environmental
Services per Specification No. 50410.2015ENV.
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.
2. Start and Completion of Work. Work on this project shall begin within 5 calendar days after contract
execution. Individual projects shall be completed in accordance with approved project schedules.
3. Contract Term for On-Call Service Contracts. The services identified in this specification will be contracted
for by the City for two years. Actual work may extend beyond the final date.
4. Contract Extension and Cost Increases for On-call Service Contracts. The term of the contract may be
extended by mutual consent for an additional year. During this extended period, labor rates may be increased
to reflect increased labor costs and overhead at each 1 year contract anniversary, provided the City is notified
of the increases in advance.
5. 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.
6. 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, or the Consultant’s work is determined to be deficient, the City may
notify the Consultant in writing of such defect or failure to perform. This notice will 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
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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 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.
If, at any time during the term of the contract, the City determines that the project is not feasible due to funding
shortages, unforeseen circumstances, or is in its best interest to terminate the contract, the City reserves the
right to terminate the contract. Consultant will be paid compensation due and payable to the date of
termination.
7. 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 applicable federal, state, county, city, and special district laws,
ordinances, and regulations.
8. Sub-contract Provisions. No portion of the work pertinent to this contract shall be subcontracted without
written authorization by the City, except that which is expressly identified in the Consultant’s proposal. Any
substitution of sub-consultants must be approved in writing by the City. For any sub-contract for services in
excess of $25,000, the subcontract shall contain all provisions of this agreement.
9. 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.
10. 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.
11. Record Retention and Audit. For the purpose of determining compliance with various laws and regulations
as well as performance of the contract, the Consultant and sub-consultants shall maintain all books,
documents, papers, accounting records and other evidence pertaining to the performance of the contract,
including but not limited to the cost of administering the contract. Materials shall be made available at their
respective offices at all reasonable times during the contract period and for three years from the date of final
payment under the contract. Authorized representatives of the City shall have the option of inspecting and/or
auditing all records. For Federally funded projects, access to records shall also include authorized
representatives of the State and Federal government. Copies shall be furnished if requested.
12. Conflict of Interest. The Consultant shall disclose any financial, business, or other relationship with the City
that may have an impact upon the outcome of this contract, or any ensuing City construction project. The
Consultant shall also list current clients who may have a financial interest in the outcome of this contract, or any
ensuing City construction project which will follow. The Consultant staff shall provide a Conflict of Interest
Statement where determined necessary by the City.
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.
13. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that this contract was not
obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any
City employee. For breach or violation of the warranty, the City shall have the right in its discretion; to
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terminate the contract without liability; to pay only for the value of the work actually performed; to deduct from
the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
14. Covenant Against Contingent Fees. The Consultant warrants by execution of this contract that no person or
selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or
understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Consultant for the purpose of securing
business. For breach or violation of this warranty, the City has the right to annul this contract without liability;
pay only for the value of the work actually performed, or in its discretion, to deduct from the contract price or
consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent
fee.
15. Compliance with Laws and Wage Rates. 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. This includes compliance with prevailing
wage rates and their payment in accordance with California Labor Code. For purposed of this paragraph,
“construction” includes work performed during the design and preconstruction phases of construction, including
but not limited to, inspection and land surveying work.
16. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Consultant is
required to pay.
17. Permits, Licenses and Filing Fees. The Consultant shall procure all permits and licenses, pay all charges
and fees, and file all notices as they pertain to the completion of the Consultant’s work. The City will pay all
application fees for permits required for the completion of the project including building and regulatory permit
application fees. Consultant will provide a 10 day notice for the City to issue a check.
18. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established
by OSHA and the California Division of Industrial Safety.
19. 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 other protective measures
as are necessary to prevent accidents or damage or injury to the public and employees.
20. 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.
21. 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.
22. Consultant Non-Discrimination. In the award of subcontracts or in 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 on any basis prohibited by State or Federal law.
23. Accuracy of Specifications. The specifications for individual projects are believed by the City to be accurate
and to contain no affirmative misrepresentation or any concealment of fact. Consultants 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 Consultant and all sub-consultants named in its proposal shall bear sole responsibility for proposal
preparation errors resulting from any misstatements or omissions in the specifications that could easily have
been ascertained by examining either the project site or accurate test data in the City's possession. Although
the effect of ambiguities or defects in the specifications will be as determined by law, any patent ambiguity or
defect shall give rise to a duty of Consultant to inquire prior to proposal submittal. Failure to so inquire shall
cause any such ambiguity or defect to be construed against the Consultant. An ambiguity or defect shall be
considered patent if it is of such a nature that the Consultant, assuming reasonable skill, ability and diligence on
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its part, knew or should have known of the existence of the ambiguity or defect. Furthermore, failure of the
Consultant or sub-consultants to notify City in writing of specification defects or ambiguities prior to proposal
submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the proposal.
To the extent that the specifications constitute performance specifications, the City shall not be liable for costs
incurred by the successful Consultant to achieve the project’s objective or standard beyond the amounts
provided therefor in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity
or defect in the specifications, or any other matter whatsoever, 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.
24. Indemnification for Professional Liability. To the fullest extent permitted by law, the Consultant shall
indemnify, protect, defend and hold harmless the City and any and all of its officials, employees and
agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and
expenses, including attorney’s fees and costs which arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Consultant.
25. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from
other consultants during the contract term.
26. Project Proposal Submittal. Upon completion of the project scoping meeting, the Consultant shall submit a
proposed workscope, compensation and schedule within 10 working days. The cost proposal shall include all
costs including miscellaneous direct cost items.
27. Standards. Documents shall conform to City Standards and City furnished templates shall be used.
28. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and signed by the
Consultant where required.
29. Required Deliverable Products and Revisions. The Consultant will be required to provide documents
addressing all elements of the workscope. Plans shall be prepared using the City’s standardized title blocks
and coversheets. Draft plans shall be submitted for review in full D (24x36) format. Specifications and bid
documents shall conform to standard City formats unless authorized. The City’s current Standard Specifications
and Engineering Standards must be incorporated where applicable.
City staff will review any documents or materials provided by the Consultant and, where necessary, the
Consultant will respond to staff comments and make such changes as deemed appropriate. Submittals shall
include the previous marked up submittal (returned to the Consultant) to assist in the second review. Changes
shall be made as requested or a notation made as to why the change is not appropriate.
Unless noted otherwise in the approved project work scope, consultant shall submit:
• 2 copies of the draft preliminary reports and technical studies, draft plans, specifications and estimates and
PDF electronic file.
• 1 copy of the final preliminary reports, technical studies plus markups
• 1 copy of the final signed and stamped reports and technical studies in an unlocked Adobe Acrobat
electronic file.
Draft reports and plan submittals shall be submitted as paper copies. Final documents shall be submitted as
camera-ready original, unbound, each page printed on only one side, including any original graphics in place
and scaled to size, ready for reproduction AND one electronic copy submitted in Adobe Acrobat format
including all original stamps and signatures.
In the event the City will be compiling the final specifications, incorporating the Consultant’s work, final
specifications developed by the Consultant will also be required to be submitted in Microsoft Word format.
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Electronic files shall be submitted on CD and all files must be compatible with the Microsoft operating system.
Each CD must be clearly labeled and have a printed copy of the directory. Files may be emailed to the City in
lieu of putting them on CD.
30. Ownership of Materials. Upon completion of all work under this contract, ownership and title to all reports,
documents, plans, specifications, and estimates produced as part of this contract will automatically be vested in
the City and no further agreement will be necessary to transfer ownership to the City. The Consultant shall
furnish the City all necessary electronic and hard copies of data needed to complete the review and approval
process.
It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine
readable form, are intended for one-time use in the construction of the project for which this contract has been
entered into.
The Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or
misuse by the City of the machine-readable information and data provided by the Consultant under this
agreement. Further, the Consultant is not liable for claims, liabilities, or losses arising out of, or connected with
any use by City of the project documentation on other projects, except such use as may be authorized in writing
by the Consultant.
31. 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 the City and shall not be made available to any individual or organization by the Consultant without the prior
written approval of the City.
The Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding
work performed or to be performed under this contract without prior review of the contents thereof by the City
and receipt of the City’s written permission.
32. 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.
33. Attendance at Meetings And Hearings. As part of the workscope, and included in the contract price, is
attendance by the Consultant at public meetings to present and discuss its findings and recommendations.
Consultant shall attend as many "working" meetings with staff as necessary in performing workscope tasks.
34. Permit and Filing Fees. The Consultant shall procure all permits, and licenses, pay all charges and fees and
file all notices necessary as they pertain to the completion of the Consultant’s work. The City will pay all
application fees for permits required for the completion of the project work. The City requires a 10 day notice to
issue a check.
35. Requests for Review. The Consultant shall respond to all requests for submittal review or contractor RFI’s
within two weeks of receipt of the information from the City.
36. Consultant Invoices. The Consultant shall deliver a monthly invoice to the City, itemized by project work
phase or, in the case of on-call contracts, by project title. Invoice must include a breakdown of hours billed and
miscellaneous charges and any sub-consultant invoices, similarly broken down, as supporting detail.
37. Payment. For providing services as specified in this Agreement, City will pay and Consultant shall receive
compensation in a total sum not to exceed the individual agreed upon project fee. Should the Consultant’s
designs, drawings, specifications, or reports contain errors or deficiencies, the Consultant shall be required to
correct them at no increase in cost to the City.
For on-call services, the City will pay and the Consultant shall receive compensation as agreed to on a project
by project basis.
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The 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, the Consultant shall be
reimbursed for direct costs other than salary and vehicle cost that have been identified and are attached to this
agreement. The 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.
Travel time from consultant’s home office to job site shall not be billed to the City. Travel time between multiple
city projects may be billed in cases where Consultant is working on two or more City projects simultaneously.
38. 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).
The Consultant shall pay all sub-consultants within 10 calendar days from receipt of each payment made to the
Consultant by the City.
39. Disadvantaged Business Enterprise (DBE) Use for Federally Funded Projects. This agreement is subject
to Title 49, Part 26 Code of Federal Regulations entitled “Participation by Disadvantaged Business Enterprises
in Department of Transportation Financial Assistance Programs” for those projects which are federally funded.
In order to ensure the State Department of Transportation achieves its federally mandated statewide overall
DBE goal, the City encourages the participation of DBEs as defined in 49 CFR 26 in the performance of this
agreement. The City will determine on a project by project bases the extent to which a DBE can reasonably be
expected to compete for the sub-consulting opportunities in this agreement and will establish a project specific
DBE percentage. The Consultant is responsible to be fully informed regarding the requirements of 49 CFR,
Part 26. Refer to the appendices in the RFQ for forms required for DBE participation which are required to be
processed on a project by project basis
The Consultant shall notify the City of any changes to its anticipated DBE participation, maintain records of
DBE usage and complete and submit to the City the final report of DBE utilization prior to receiving final
payment. Records shall show the name and business address of each DBE and the total dollar amount
actually paid to each.
The Consultant shall pay all sub-consultants within 10 calendar days from receipt of each payment made to the
Consultant by the City.
The Consultant shall carry out applicable requirements of Title 49 CFR 26 in the award and administration of
US DOT assisted agreements. Failure by the Consultant to carry out these requirements is a material breach
of this agreement, which may result in the termination of this agreement or such other remedy as the City
deems appropriate.
40. Resolution of Disputes. Any dispute, other than audit, concerning a question of fact arising under this
contract that is not disposed of by agreement shall be decided by a committee consisting of the City’s Project
Manager and the City Director of Public Works, who may consider written or verbal information submitted by
the Consultant. Not later than thirty days after completion of all deliverables necessary to complete the plans,
specifications and estimate, the Consultant may request review by the City Council of unresolved claims or
disputes, other than audit, in accordance with Chapter 1.20 Appeals Procedure of the Municipal Code.
Any dispute concerning a question of fact arising under an audit of this contract that is not disposed of by
agreement, shall be reviewed by the City’s Chief Fiscal Officer. Not later than 30 days after issuance of the
final audit report, the Consultant may request a review by the City’s Chief Fiscal Officer of unresolved audit
issues. The request for review must be submitted in writing.
Neither the pendency of a dispute, nor its consideration by the City will excuse the consultant from full and
timely performance in accordance with the terms of this contract.
41. Agreement Parties.
City: David Athey
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Consultant:
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All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or
certified mail addressed as shown above.
42. Incorporation by Reference. City Request for Qualifications Specification No. 50410.2015ENV, Consultant's
proposal dated xx/xx/xxx, are hereby incorporated in and made a part of this Agreement.
43. 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.
44. Working Out of Scope. If, at any time during the project, the consultant is directed to do work by persons
other than the City Project Manager and the Consultant believes that the work is outside of the scope of the
original contract, the Consultant shall inform the Project Manager immediately. If the Project Manager and
Consultant both agree that the work is outside of the project scope and is necessary to the successful
completion of the project, then a fee will be established for such work based on Consultant's hourly billing rates
or a lump sum price agreed upon between the City and the Consultant. Any extra work performed by
Consultant without prior written approval from the City Project Manager shall be at Consultant's own expense.
45. Complete Agreement. This written agreement, including all writings specifically incorporated herein by
reference, shall constitute the complete agreement between the parties hereto. No oral agreement,
understanding or representation not reduced to writing and specifically incorporated herein shall be of any force
or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties
hereto. For and in consideration of the payments and agreements hereinbefore mentioned to be made and
performed by City, Consultant agrees with City to do everything required by this Agreement, the said
specification and incorporated documents. Failure by the Consultant to carry out the requirements of this
Agreement is a material breach of this agreement which may result in the termination of this Agreement or such
other remedy as the City deems appropriate.
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.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first
above written.
CITY OF SAN LUIS OBISPO: CONSULTANT:
Name of Company
__________________________________
Katie Lichtig, City Manager By:
Name of CAO/President
Its: CAO/President
APPROVED AS TO FORM:
Christine Dietrick, City Attorney
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E PROPOSAL SUBMITTAL FORMS
ACKNOWLEDGEMENT
The undersigned declares that she or he:
Has carefully examined Specification No. 50410.2015ENV
Is thoroughly familiar with its content
Is authorized to represent the proposing firm; and
Agrees to perform the work as set forth in the specification and this proposal.
Firm Name and Address:
Contact Name:
Email:
Fax: Phone:
Signature of Authorized Representative:
Date:
INSURANCE CERTIFICATE
Insurance Company’s A.M. Best Rating
Certificate of insurance attached
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REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under the
present business name: _________
Provide a short description of 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 detailed information in your
proposal. 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 & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
Reference No. 2
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
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Reference No. 3
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The Consultant shall state whether it or any of its officers or employees who have a proprietary interest in it, has
ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local
government project because of the violation of law, a safety regulation, or for any other reason, including but not
limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the
circumstances.
Do you have any disqualification as described in the above paragraph to declare? Yes No
If yes, explain the circumstances.
Executed on ______________________at _______________________________________ under penalty of
perjury of the laws of the State of California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Consultant Representative
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F INSURANCE REQUIREMENTS: Consultant Services
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 20 10 Prior to 1993
or CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as determined by the City).
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. The Consultant agrees to notify
the City in the event that the policy is suspended, voided or reduced in coverage or limits. A minimum of 30
days prior written notice by certified mail, return receipt requested, will be provided.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A:VII.
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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G APPENDICES
The following Appendix 1-10 forms are for federally funded projects and shall be completed and submitted with the
individual project work scopes – do not include with this proposal.
Appendix 1: Proposer List
Appendix 2: Disadvantaged Business Enterprise Information – LAPM Exhibit 10-I
Appendix 3: Standard Agreement for Subcontractor / DBE Participation – LAPM Exhibit 10-J
Appendix 4: Consultant Certification of Contract Costs and Financial Management System – LAPM Exihibit 10-K
Appendix 5: Final Utilization Report (to be completed at the project completion) – LAPM Exhibit 17-F
Appendix 6: Proposer DBE Information – LAPM Exhibit 10-O1
Appendix 7: Consultant Contract DBE Information – LAPM Exhibit 10-O2
Appendix 8: Disclosure of Lobbying Activities– LAPM Exhibit 10-Q
Appendix 9: Non-Lobbying Certification & Debarment and Suspension Certification
Appendix 10: Certification of Consultant and City
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Attachment 4
Notice Requesting Qualifications for
Soils and Materials Testing & Geotechnical Services
Specification No. 50410.2015SMT
April 2015
The City of San Luis Obispo is requesting sealed proposals for Capital Improvement Plan Soils and Materials
Testing and Geotechnical Services pursuant to Specification No. 50410.2015SMT. All proposals must be received
by the Public Works Department at 919 Palm Street, San Luis Obispo, CA 93401 by 2:00 P.M. on Thursday, May
21, 2015.
Proposals received after said time will not be considered. To guard against premature opening, each proposal
shall be submitted to the Public Works Department in a sealed envelope plainly marked with the proposal title,
specification number, Consultant name, and time and date of the proposal opening. Proposals shall be submitted
using the forms provided in the specification package.
Obtaining a Specification Package
Download from the City’s Web site www.slocity.org - Doing Business/Bids & Proposals page, or;
Pick up a copy of the RFQ at the above address
A list of companies that have requested a copy of the proposal is maintained on the web page.
Questions
Questions should be directed to David Athey at dathey@slocity.org or (805) 781-7108.
Disadvantaged Business Participation
DBE and other small businesses as defined in Title 49 CFR 26, are encouraged to participate in the performance of
agreements.
Rev 1 - 1.20.12 BL
Rev 2 - 03.16.15 DMA
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Specification No. 50410.2015SMT
TABLE OF CONTENTS
DESCRIPTION OF WORK ........................................................................................................................................... 3
GENERAL TERMS AND CONDITIONS ....................................................................................................................... 5
PROPOSAL REQUIREMENTS ................................................................................................................................ 5
CONTRACT AWARD AND EXECUTION ................................................................................................................ 6
PROPOSAL CONTENT AND SELECTION PROCESS ............................................................................................... 7
PROPOSAL CONTENT ........................................................................................................................................... 7
PROPOSAL EVALUATION AND CONSULTANT SELECTION .............................................................................. 7
FORM OF AGREEMENT .............................................................................................................................................. 9
PROPOSAL SUBMITTAL FORMS ............................................................................................................................. 16
ACKNOWLEDGEMENT ......................................................................................................................................... 16
INSURANCE CERTIFICATE .................................................................................................................................. 16
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS ............................................................................... 17
REFERENCES ....................................................................................................................................................... 17
INSURANCE REQUIREMENTS: Consultant Services ............................................................................................. 19
APPENDICES ............................................................................................................................................................. 20
Appendix 1 – Proposer List .......................................................................................Error! Bookmark not defined.
Appendix 2 – Disadvantaged Business Enterprise Information – LAPM Exhibit 10-I ............. Error! Bookmark not
defined.
Appendix 3 – Standard Agreement for Subcontractor / DBE Participation – LAPM Exhibit 10-J .. Error! Bookmark
not defined.
Appendix 4 - Consultant Certification of Contract Costs and Financial Management System – LAPM Exhibit 10-K
...................................................................................................................................Error! Bookmark not defined.
Appendix 5 – Final Utilization Report (to be completed at the project completion) – LAPM Exhibit 17-F ........ Error!
Bookmark not defined.
Appendix 6 - Proposer DBE Information – LAPM Exhibit 10-O1 ..............................Error! Bookmark not defined.
Appendix 7 – Consultant Contract DBE Information – LAPM Exhibit 10-O2 ............Error! Bookmark not defined.
Appendix 8 - Disclosure of Lobbying Activities– LAPM Exhibit 10-Q ........................Error! Bookmark not defined.
Appendix 9 - Non-Lobbying Certification & Debarment and Suspension Certification ........... Error! Bookmark not
defined.
Appendix 10 - Certification of Consultant and City ....................................................Error! Bookmark not defined.
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Section A
DESCRIPTION OF WORK
The City is looking for qualified consultants interested in working closely with City Engineering staff to deliver
Capital Improvement Plan projects and other City projects requiring soils and materials testing, and geotechnical
services. The City may contract with more than one firm to accomplish this work.
Background:
The City of San Luis Obispo is currently seeking the services of qualified consultants to provide materials testing and
geotechnical related services to assist City staff with its Capital Improvement Program. There are a number of
projects in various stages of planning or design that may require these specialized services. Currently the City is not
adequately staffed to handle these services in-house. Therefore, the City is interested in generating a list of 2-3
consultants specializing in this type of work that could be called upon to assist in completing these tasks.
The successful consultants will be expected to perform the types of services outlined in this RFQ and in their
submittal. Your company is not required to have capabilities in all these areas to submit a proposal. Please
identify what areas you believe your company has expertise on the submittal forms.
Workscope:
Consultants should expect to perform a variety of soils and materials testing, and geotechnical services related to the
City’s Capital Improvement Program or other City projects. Consultants shall be expected to render services on an
“as-needed” basis.
Testing and site inspection services may include but are not limited to: sampling and testing of concrete, asphalt,
soils, compaction testing, testing soils for various types of contamination that could include petroleum products,
hydrocarbons and lead, reinforcing steel, welding, paints and coatings, installation of driven or drilled piles, various
fabrics and other materials used in construction. Geotechnical work generally includes sample borings or site
observations, and recommendations for design related to site conditions. All sampling and testing must be performed
by methods approved by ASTM or Caltrans Method of Test. Test method will be specified on an individual basis or by
project specification.
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 do 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. Geotechnical reports are required for
design recommendations.
The Consultant must show current certification by Caltrans and have an approved Quality Assurance Program. 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.
Consulting firms must be available within a 24-hour 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
hours 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 on the project.
Cost Proposals:
Qualifications shall include hourly rates for engineers, field technicians, sampling, fee schedules for lab work, and any
fees associated with handling or storage of samples, the cost of final reports and any proposed annual adjustments to
compensation.
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The Consultant will be requested to supply a cost estimate for large scale work items on individual projects. A City
purchase order will then 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.
Routine field work will be paid for based on the fee schedule submitted by the Consultant. For all work performed, the
billing statement must be broken down by the project name, City specification number and show associated charges
for the work performed, or the bill will be returned.
Experience and Qualifications:
a. Prior experience in soils and material testing of building construction, public works infrastructure and
water/wastewater utility projects, and preparation of geotechnical recommendations.
b. Certification by the California Department of Transportation.
Tentative Project List:
The following is a tentative list of new and ongoing projects with potential for requiring soils and materials testing
services over the term of the contract:
• Paving Projects
• Pathway Maintenance
• Bridge Repair Projects
• Bank Stabilization Projects
• Water/Sewer/Storm Drain Projects
• Bike Path Projects
• Parking Lot Projects
• Playground Projects
• Trench Repair Projects
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Section B
GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (Consultant) shall meet all
of the terms, and conditions of the Request for Proposals (RFP) specifications package. By virtue of its
proposal submittal, the Consultant acknowledges agreement with and acceptance of all provisions of the RFP
specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and
accompanied by any other required submittals or supplemental materials. Proposal documents shall be
enclosed in an envelope that shall be sealed and addressed to the Public Works Department, City of San Luis
Obispo, 919 Palm Street, San Luis Obispo, CA, 93401. Each proposal submittal shall include one electronic
copy of the proposal, submitted in Adobe Acrobat format on CD or flash drive. In order to guard against
premature opening, the proposal should be clearly labeled with the proposal title, specification number, name of
Consultant, 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 Consultant’s insurance coverage
during proposal evaluation; as discussed under paragraph 13 below, endorsements are not required until
contract award. The City’s insurance requirements are detailed in Section F.
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
government disqualifications on the form provided in the RFP package.
6. Proposal Withdrawal and Opening. A Consultant may withdraw its proposal, without prejudice prior to the
time specified for the proposal opening, by submitting a written request to the City Engineer for its withdrawal,
in which event the proposal will be returned to the Consultant unopened. No proposal received after the time
specified or at any place other than that stated in the "Notice Requesting Proposals" will be considered. All
proposals will be opened and declared publicly. Consultants 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 Consultant submitting a
proposal, or who has quoted prices on materials to such Consultant, is not thereby disqualified from submitting
a sub-proposal or from quoting prices to other Consultants 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.
9. Alternative Proposals. When specifically requested, the proposer may submit an alternative proposal (or
proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the
proposer must provide an analysis of the advantages and disadvantages of each of the alternatives, and
discuss under what circumstances the City would prefer one alternative to the other(s). If an alternative
proposal is submitted, the maximum length of the proposal may be expanded proportionately by the number of
alternatives submitted.
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CONTRACT AWARD AND EXECUTION
10. 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.
11. Competency and Responsibility of Consultant. The City reserves full discretion to determine the
competence and responsibility, professionally and/or financially, of Consultants. Consultants will provide, in a
timely manner, all information that the City deems necessary to make such a decision.
12. Contract Requirement. The Consultant 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.
13. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages and
amounts specified in Section F of these specifications within 10 (ten) calendar days after notice of contract
award as a precondition to contract execution.
14. Business License & Tax. The Consultant must have a valid City of San Luis Obispo business license and tax
certificate before execution of the contract. Additional information regarding the City's business license and tax
program may be obtained by calling (805) 781-7134.
15. Failure to Accept Contract. The following will occur if the Consultant to whom the award is made
(Consultant) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in
accordance with the special terms and conditions if a Consultant's bond or security is required; and an award
may be made to the next highest ranked Consultant with whom a responsible compensation is negotiated, who
shall fulfill every stipulation as if it were the party to whom the first award was made.
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Section C
PROPOSAL CONTENT AND SELECTION PROCESS
PROPOSAL CONTENT
1. Submittal Forms
a. Acknowledgement
b. Certificate of Insurance
c. References
d. Statement of Past Disqualifications
2. Qualifications
a. Experience of your firm in performing similar services
b. Experience of the staff to be assigned to the project in performing similar services
c. Redundancy in the company of staff experienced in this type of work
d. Resumes of the individuals who would be assigned to this project, including any sub-consultants
e. Statement and explanation of any instances where your firm has been removed from a project or
disqualified from proposing on a project
f. Standard hourly billing rates for consultant and sub-consultant staff
g. Caltrans Certification and approved Quality Assurance Program (large QAPs may be submitted
electronically)
h. Detailed list of services available directly from the company
3. Work Program
a. Description of your approach to completing the work
b. Tentative schedule by phase and task for completing the work
c. Estimated hours for your staff in performing each major phase of the work, including sub-consultants
d. Services or data anticipated to be provided by the City
e. Any other information that would assist us in making this contract award decision
4. Proposal Length and Copies
a. Proposals should be the minimum length to provide the required information. Charts and other short form
approaches to conveying information are encouraged.
b. 3 copies of the proposal must be submitted.
c. 1 pdf format electronic copy must be submitted on CD or flash drive.
PROPOSAL EVALUATION AND CONSULTANT SELECTION
Proposals will be evaluated by a review committee and contract award process as follows:
5. Written Proposal Review/Finalist Candidate Selection
Proposals will be reviewed by a selection committee and ranked in accordance with the responsiveness,
qualifications and understanding of the Consultant relative to these specification requirements. Where one
proposal is rated consistently higher than the others, the consultant may be selected as the top ranked
consultant for purposes of contract negotiation. Alternatively, a group of finalist candidates (generally the top 3
to 5 five proposers) may be selected for follow-up interviews and presentations, or requests for additional
clarifying information, before a final top ranked consultant is determined.
Contract award will be based on a combination of factors that represent the best overall value for completing
the workscope 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.
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6. Proposal Review and Award Schedule
The following is an outline of the anticipated schedule for proposal review and contract award:
Issue RFP .................................................................... 4/29/15
Receive proposals ..................................................... 05/21/15
Complete proposal evaluation ................................... 06/05/15
Award contract ....................................... ……………..06/23/15
Execute contract………………………………………..07/07/15
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Section D
FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by and
between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and
[CONSULTANT’S NAME IN CAPITAL LETTERS], hereinafter referred to as Consultant.
W I T N E S S E T H
WHEREAS, on April 21, 2015, City requested proposals for Capital Improvement Plan Soils and Materials
Testing, and Geotechnical Services per Specification No. 50410.2015SMT.
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.
2. Start and Completion of Work. Work on this project shall begin within 5 calendar days after contract
execution. Individual projects shall be completed in accordance with approved project schedules.
3. Contract Term for On-Call Service Contracts. The services identified in this specification will be contracted
for by the City for two years. Actual work may extend beyond the final date.
4. Contract Extension and Cost Increases for On-call Service Contracts. The term of the contract may be
extended by mutual consent for an additional year. During this extended period, labor rates may be increased
to reflect increased labor costs and overhead at each 1 year contract anniversary, provided the City is notified
of the increases in advance.
5. 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.
6. 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, or the Consultant’s work is determined to be deficient, the City may
notify the Consultant in writing of such defect or failure to perform. This notice will 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
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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 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.
If, at any time during the term of the contract, the City determines that the project is not feasible due to funding
shortages, unforeseen circumstances, or is in its best interest to terminate the contract, the City reserves the
right to terminate the contract. Consultant will be paid compensation due and payable to the date of
termination.
7. Abil ity 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 applicable federal, state, county, city, and special district laws,
ordinances, and regulations.
8. Sub-contract Provisions. No portion of the work pertinent to this contract shall be subcontracted without
written authorization by the City, except that which is expressly identified in the Consultant’s proposal. Any
substitution of sub-consultants must be approved in writing by the City. For any sub-contract for services in
excess of $25,000, the subcontract shall contain all provisions of this agreement.
9. 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.
10. 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.
11. Record Retention and Audit. For the purpose of determining compliance with various laws and regulations
as well as performance of the contract, the Consultant and sub-consultants shall maintain all books,
documents, papers, accounting records and other evidence pertaining to the performance of the contract,
including but not limited to the cost of administering the contract. Materials shall be made available at their
respective offices at all reasonable times during the contract period and for three years from the date of final
payment under the contract. Authorized representatives of the City shall have the option of inspecting and/or
auditing all records. For Federally funded projects, access to records shall also include authorized
representatives of the State and Federal government. Copies shall be furnished if requested.
12. Conflict of Interest. The Consultant shall disclose any financial, business, or other relationship with the City
that may have an impact upon the outcome of this contract, or any ensuing City construction project. The
Consultant shall also list current clients who may have a financial interest in the outcome of this contract, or any
ensuing City construction project which will follow. The Consultant staff shall provide a Conflict of Interest
Statement where determined necessary by the City.
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.
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13. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that this contract was not
obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any
City employee. For breach or violation of the warranty, the City shall have the right in its discretion; to
terminate the contract without liability; to pay only for the value of the work actually performed; to deduct from
the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful considerat ion.
14. Covenant Against Contingent Fees. The Consultant warrants by execution of this contract that no person or
selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or
understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Consultant for the purpose of securing
business. For breach or violation of this warranty, the City has the right to annul this contract without liability;
pay only for the value of the work actually performed, or in its discretion, to deduct from the contract price or
consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent
fee.
15. Compliance with Laws and Wage Rates. 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. This includes compliance with prevailing
wage rates and their payment in accordance with California Labor Code. For purposed of this paragraph,
“construction” includes work performed during the design and preconstruction phases of construction, including
but not limited to, inspection and land surveying work.
16. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Consultant is
required to pay.
17. Permits, Licenses and Filing Fees. The Consultant shall procure all permits and licenses, pay all charges
and fees, and file all notices as they pertain to the completion of the Consultant’s work. The City will pay all
application fees for permits required for the completion of the project including building and regulatory permit
application fees. Consultant will provide a 10 day notice for the City to issue a check.
18. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established
by OSHA and the California Division of Industrial Safety.
19. 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 other protective measures
as are necessary to prevent accidents or damage or injury to the public and employees.
20. 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.
21. 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.
22. Consultant Non-Discrimination. In the award of subcontracts or in 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 on any basis prohibited by State or Federal law.
23. Accuracy of Specifications. The specifications for individual projects are believed by the City to be accurate
and to contain no affirmative misrepresentation or any concealment of fact. Consultants 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 Consultant and all sub-consultants named in its proposal shall bear sole responsibility for proposal
preparation errors resulting from any misstatements or omissions in the specifications that could easily have
been ascertained by examining either the project site or accurate test data in the City's possession. Although
the effect of ambiguities or defects in the specifications will be as determined by law, any patent ambiguity or
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defect shall give rise to a duty of Consultant to inquire prior to proposal submittal. Failure to so inquire shall
cause any such ambiguity or defect to be construed against the Consultant. An ambiguity or defect shall be
considered patent if it is of such a nature that the Consultant, 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
Consultant or sub-consultants to notify City in writing of specification defects or ambiguities prior to proposal
submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the proposal.
To the extent that the specifications constitute performance specifications, the City shall not be liable for costs
incurred by the successful Consultant to achieve the project’s objective or standard beyond the amounts
provided therefor in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity
or defect in the specifications, or any other matter whatsoever, 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.
24. Indemnification for Professional Liability. To the fullest extent permitted by law, the Consultant shall
indemnify, protect, defend and hold harmless the City and any and all of its officials, employees and
agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and
expenses, including attorney’s fees and costs which arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Consultant.
25. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from
other consultants during the contract term.
26. Project Proposal Submittal. Upon completion of the project scoping meeting, the Consultant shall submit a
proposed workscope, compensation and schedule within 10 working days. The cost proposal shall include all
costs including miscellaneous direct cost items.
27. Standards. Documents shall conform to City Standards and City furnished templates shall be used.
28. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and signed by the
Consultant where required.
29. Required Deliverable Products and Revisions. The Consultant will be required to provide documents
addressing all elements of the workscope. Plans shall be prepared using the City’s standardized title blocks
and coversheets. Draft plans shall be submitted for review in full D (24x36) format. Specifications and bid
documents shall conform to standard City formats unless authorized. The City’s current Standard Specifications
and Engineering Standards must be incorporated where applicable.
City staff will review any documents or materials provided by the Consultant and, where necessary, the
Consultant will respond to staff comments and make such changes as deemed appropriate. Submittals shall
include the previous marked up submittal (returned to the Consultant) to assist in the second review. Changes
shall be made as requested or a notation made as to why the change is not appropriate.
Unless noted otherwise in the approved project work scope, consultant shall submit:
• 2 copies of the draft preliminary reports and technical studies, draft plans, specifications and estimates and
PDF electronic file.
• 1 copy of the final preliminary reports, technical studies plus markups
• 1 copy of the final signed and stamped reports and technical studies in an unlocked Adobe Acrobat
electronic file.
Draft reports and plan submittals shall be submitted as paper copies. Final documents shall be submitted as
camera-ready original, unbound, each page printed on only one side, including any original graphics in place
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and scaled to size, ready for reproduction AND one electronic copy submitted in Adobe Acrobat format
including all original stamps and signatures.
In the event the City will be compiling the final specifications, incorporating the Consultant’s work, final
specifications developed by the Consultant will also be required to be submitted in Microsoft Word format.
Electronic files shall be submitted on CD and all files must be compatible with the Microsoft operating system.
Each CD must be clearly labeled and have a printed copy of the directory. Files may be emailed to the City in
lieu of putting them on CD.
30. Ownership of Materials. Upon completion of all work under this contract, ownership and title to all reports,
documents, plans, specifications, and estimates produced as part of this contract will automatically be vested in
the City and no further agreement will be necessary to transfer ownership to the City. The Consultant shall
furnish the City all necessary electronic and hard copies of data needed to complete the review and approval
process.
It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine
readable form, are intended for one-time use in the construction of the project for which this contract has been
entered into.
The Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or
misuse by the City of the machine-readable information and data provided by the Consultant under this
agreement. Further, the Consultant is not liable for claims, liabilities, or losses arising out of, or connected with
any use by City of the project documentation on other projects, except such use as may be authorized in writing
by the Consultant.
31. 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 the City and shall not be made available to any individual or organization by the Consultant without the prior
written approval of the City.
The Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding
work performed or to be performed under this contract without prior review of the contents thereof by the City
and receipt of the City’s written permission.
32. 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.
33. Attendance at Meetings And Hearings. As part of the workscope, and included in the contract price, is
attendance by the Consultant at public meetings to present and discuss its findings and recommendations.
Consultant shall attend as many "working" meetings with staff as necessary in performing workscope tasks.
34. Permit and Filing Fees. The Consultant shall procure all permits, and licenses, pay all charges and fees and
file all notices necessary as they pertain to the completion of the Consultant’s work. The City will pay all
application fees for permits required for the completion of the project work. The City requires a 10 day notice to
issue a check.
35. Requests for Review. The Consultant shall respond to all requests for submittal review or contractor RFI’s
within two weeks of receipt of the information from the City.
36. Consultant Invoices. The Consultant shall deliver a monthly invoice to the City, itemized by project work
phase or, in the case of on-call contracts, by project title. Invoice must include a breakdown of hours billed and
miscellaneous charges and any sub-consultant invoices, similarly broken down, as supporting detail.
37. Payment. For providing services as specified in this Agreement, City will pay and Consultant shall receive
compensation in a total sum not to exceed the individual agreed upon project fee. Should the Consultant’s
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designs, drawings, specifications, or reports contain errors or deficiencies, the Consultant shall be required to
correct them at no increase in cost to the City.
For on-call services, the City will pay and the Consultant shall receive compensation as agreed to on a project
by project basis.
The 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, the Consultant shall be
reimbursed for direct costs other than salary and vehicle cost that have been identified and are attached to this
agreement. The 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.
Travel time from consultant’s home office to job site shall not be billed to the City. Travel time between multiple
city projects may be billed in cases where Consultant is working on two or more City projects simultaneously.
38. 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).
The Consultant shall pay all sub-consultants within 10 calendar days from receipt of each payment made to the
Consultant by the City.
39. Disadvantaged Business Enterprise (DBE) Use for Federally Funded Projects. This agreement is subject
to Title 49, Part 26 Code of Federal Regulations entitled “Participation by Disadvantaged Business Enterprises
in Department of Transportation Financial Assistance Programs” for those projects which are federally funded.
In order to ensure the State Department of Transportation achieves its federally mandated statewide overall
DBE goal, the City encourages the participation of DBEs as defined in 49 CFR 26 in the performance of this
agreement. The City will determine on a project by project bases the extent to which a DBE can reasonably be
expected to compete for the sub-consulting opportunities in this agreement and will establish a project specific
DBE percentage. The Consultant is responsible to be fully informed regarding the requirements of 49 CFR,
Part 26. Refer to the appendices in the RFQ for forms required for DBE participation which are required to be
processed on a project by project basis
The Consultant shall notify the City of any changes to its anticipated DBE participation, maintain records of
DBE usage and complete and submit to the City the final report of DBE utilization prior to receiving final
payment. Records shall show the name and business address of each DBE and the total dollar amount
actually paid to each.
The Consultant shall pay all sub-consultants within 10 calendar days from receipt of each payment made to the
Consultant by the City.
The Consultant shall carry out applicable requirements of Title 49 CFR 26 in the award and administration of
US DOT assisted agreements. Failure by the Consultant to carry out these requirements is a material breach
of this agreement, which may result in the termination of this agreement or such other remedy as the City
deems appropriate.
40. Resolution of Disputes. Any dispute, other than audit, concerning a question of fact arising under this
contract that is not disposed of by agreement shall be decided by a committee consisting of the City’s Project
Manager and the City Director of Public Works, who may consider written or verbal information submitted by
the Consultant. Not later than thirty days after completion of all deliverables necessary to complete the plans,
specifications and estimate, the Consultant may request review by the City Council of unresolved claims or
disputes, other than audit, in accordance with Chapter 1.20 Appeals Procedure of the Municipal Code.
Any dispute concerning a question of fact arising under an audit of this contract that is not disposed of by
agreement, shall be reviewed by the City’s Chief Fiscal Officer. Not later than 30 days after issuance of the
final audit report, the Consultant may request a review by the City’s Chief Fiscal Officer of unresolved audit
issues. The request for review must be submitted in writing.
Neither the pendency of a dispute, nor its consideration by the City will excuse the consultant from full and
timely performance in accordance with the terms of this contract.
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41. Agreement Parties.
City: David Athey
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Consultant:
All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or
certified mail addressed as shown above.
42. Incorporation by Reference. City Request for Qualifications Specification No. 50410.2015SMT, Consultant's
proposal dated xx/xx/xxx, are hereby incorporated in and made a part of this Agreement.
43. 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.
44. Working Out of Scope. If, at any time during the project, the consultant is directed to do work by persons
other than the City Project Manager and the Consultant believes that the work is outside of the scope of the
original contract, the Consultant shall inform the Project Manager immediately. If the Project Manager and
Consultant both agree that the work is outside of the project scope and is necessary to the successful
completion of the project, then a fee will be established for such work based on Consultant's hourly billing rates
or a lump sum price agreed upon between the City and the Consultant. Any extra work performed by
Consultant without prior written approval from the City Project Manager shall be at Consultant's own expense.
45. Complete Agreement. This written agreement, including all writings specifically incorporated herein by
reference, shall constitute the complete agreement between the parties hereto. No oral agreement,
understanding or representation not reduced to writing and specifically incorporated herein shall be of any force
or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties
hereto. For and in consideration of the payments and agreements hereinbefore mentioned to be made and
performed by City, Consultant agrees with City to do everything required by this Agreement, the said
specification and incorporated documents. Failure by the Consultant to carry out the requirements of this
Agreement is a material breach of this agreement which may result in the termination of this Agreement or such
other remedy as the City deems appropriate.
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.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first
above written.
CITY OF SAN LUIS OBISPO: CONSULTANT:
Name of Company
__________________________________
Katie Lichtig, City Manager By:
Name of CAO/President
Its: CAO/President
APPROVED AS TO FORM:
Christine Dietrick, City Attorney
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Section E
PROPOSAL SUBMITTAL FORMS
ACKNOWLEDGEMENT
The undersigned declares that she or he:
Has carefully examined Specification No. 50410.2015SMT
Is thoroughly familiar with its content
Is authorized to represent the proposing firm; and
Agrees to perform the work as set forth in the specification and this proposal.
Firm Name and Address:
Contact Name:
Email:
Fax: Phone:
Signature of Authorized Representative:
Date:
INSURANCE CERTIFICATE
Insurance Company’s A.M. Best Rating
Certificate of insurance attached
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STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The Consultant shall state whether it or any of its officers or employees who have a proprietary interest in it, has
ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local
government project because of the violation of law, a safety regulation, or for any other reason, including but not
limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the
circumstances.
Do you have any disqualification as described in the above paragraph to declare? Yes No
If yes, explain the circumstances.
Executed on ______________________at _______________________________________ under penalty of
perjury of the laws of the State of California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Consultant Representative
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 & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
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Reference No. 2
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
Reference No. 3
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
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Section F
INSURANCE REQUIREMENTS: Consultant Services
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 20 10 Prior to 1993
or CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as determined by the City).
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. The Consultant agrees to notify
the City in the event that the policy is suspended, voided or reduced in coverage or limits. A minimum of 30
days prior written notice by certified mail, return receipt requested, will be provided.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A:VII.
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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Section G
APPENDICES
Appendix 1: Federally Funded Contract Forms
The following forms are for federally funded projects and shall be completed and submitted with the individual
project work scopes – do not include with this proposal.
Appendix 1: Proposer List
Appendix 2: Disadvantaged Business Enterprise Information – LAPM Exhibit 10-I
Appendix 3: Standard Agreement for Subcontractor / DBE Participation – LAPM Exhibit 10-J
Appendix 4: Consultant Certification of Contract Costs and Financial Management System – LAPM Exhibit 10-K
Appendix 5: Final Utilization Report (to be completed at the project completion) – LAPM Exhibit 17-F
Appendix 6: Proposer DBE Information – LAPM Exhibit 10-O1
Appendix 7: Consultant Contract DBE Information – LAPM Exhibit 10-O2
Appendix 8: Disclosure of Lobbying Activities– LAPM Exhibit 10-Q
Appendix 9: Non-Lobbying Certification & Debarment and Suspension Certification
Appendix 10: Certification of Consultant and City
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