HomeMy WebLinkAbout02-02-2016 Item 05 Traffic Model Update & On-Call Traffic Modeling Services Study Request Spec No. 91434
Meeting Date: 2/2/2016
FROM: Daryl Grigsby, Public Works Director
Prepared By: Jake Hudson, Transportation Manager
SUBJECT: TRAFFIC MODEL UPDATE & ON-CALL TRAFFIC MODELING SERVICES
STUDY REQUEST FOR QUALIFICATIONS; SPECIFICATION NO. 91434
RECOMMENDATION
1. Approve the issuance of a Request for Qualifications (RFQ) to provide “Traffic Model
Update & On-call Modeling Services, Specification No. 91434”; and
2. Authorize the City Manager to award a contract is within the proposed budget of $180,000;
and
3. Authorize the Finance Director to execute and amend purchase orders for on-call traffic
modeling services purchase orders in an amount not-to-exceed the authorized budget.
DISCUSSION
Traffic Model Update
As part of the City Transportation Impact Fee Program, funding is allocated for periodic updates
of the City’s Traffic Model. The Traffic Model is a key tool used in transportation policy,
planning, and engineering. This forecasting tool provides vital information used in the estimation
of infrastructure capacity, financial feasibility, and social viability of projects, programs, and
policies. The highly complex mathematical model works by estimating the amount of trips that
occur, where those trips are going, the mode (i.e. Car, Bike, Bus) those trips use, and the routes
those trips take. The current version of the City’s model was developed in 2010, for $200,000
and over the last five years the model has been used on numerous traffic studies, environmental
impact reports, and for the update of the City’s Land Use and Circulation Elements. The next
major project to utilize the traffic model is an update to the City’s impact fee programs.
In order to maintain the validity of the model it should be updated, recalibrated, and revalidated
about every five years to reflect the most current development and travel trends. In preparation
for the upcoming transportation impact fee program updates staff is proposing to complete this
update, revalidation, and recalibration now. In addition staff is proposing to update th e model
functionality to provide more detailed bicycle travel forecasts, align the City model with more
current regional traffic forecasts, and update the model’s reporting utilities.
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On-Call Traffic Modeling Services
As part of the 2015-17 Financial Plan the Council approved a work program for Land Use &
Circulation Element implementation and Fee updates. This work program includes several traffic
modeling tasks particularly related to AB 1600 impact fee program updates and the associated
nexus studies. While most of the work for the AB 1600 study will take place under a separate
consultant contract, it’s desirable to retain the consultant team that performs the traffic model
update under this contract for modeling work in support of the larger AB 1600 study.
CONCURRENCES
The Community Development Department concurs with the staff recommendations.
FISCAL IMPACT
The total cost of this project is estimated at $180,000. The cost of the traffic mode update
element of the contract is $130,000 which is currently programed a part of the Transportation
Impact Fee Program. The cost of the on-call services element of the contract is estimated at
$50,000 which budgeted in the 2015-17 Financial Plan in transportation consultant services
funding for traffic modeling and a nexus study in support of updates to the City’s transportation
impact fee programs.
ALTERNATIVES
The Council may choose not to authorize this traffic model update. However, staff does not
recommend this because the funding for this project has been allocated and without an update the
traffic model will become outdated which would affect the validity of future environmental
review and significantly impair updates to transportation impact fee programs.
Attachments:
a - Traffic Model Update RFQ
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Notice
Request for Qualifications
Traffic Model Update & On-Call Services
Specification No. 91434
February 2016
The City of San Luis Obispo is requesting sealed proposals from interested consultants to update the City’s
TransCAD travel demand model and provide on-call modeling services in support of an upcoming traffic impact fee
program update. Pursuant to this Specification No. 91434
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 February 25, 2016.
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 Jake Hudson at jhudson@slocity.org.
Disadvantaged Business Participation
DBE and other small businesses as defined in Title 49 CFR 26, are encouraged to participate in t he performance of
agreements.
Rev 1 - 03.16.15 DMA
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Specification No. 91434
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 .............................................................................................................................................. 8
PROPOSAL SUBMITTAL FORMS ............................................................................................................................. 15
ACKNOWLEDGEMENT ............................................................................................................................................. 15
INSURANCE CERTIFICATE ...................................................................................................................................... 15
AVAILABLE SERVICES ............................................................................................................................................. 16
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS ................................................................................... 16
REFERENCES ........................................................................................................................................................... 17
INSURANCE REQUIREMENTS: Consultant Services ............................................................................................. 19
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A. DESCRIPTION OF WORK
The City of San Luis Obispo is requesting proposals for an update of its TransCAD multimodal travel demand
forecasting model in preparation of upcoming traffic impact fee program studies and for providing on -call traffic
modeling services in support of those future studies.
Background:
The current TransCAD traffic model was developed by LSA Associates and Cambridge Systematics in November
of 2010 with 2008 as the base year and 2035 as the forecast year. Since then there have been a number of
updates to the San Luis Obispo county traffic model, city specific plans, and in 2014 the City’s Gene ral Plan was
updated. Due to the upcoming traffic impact fee program updates it’s the City’s desire to conduct a complete
update of the City’s TransCAD traffic model to reflect an updated base year and recalibrated forecast year.
The City will be conducting an AB1600 study in 2016/17 to update its transportation impact fee programs. This
study will be conducted under a separate contract. However it’s the City’s desire to retain the consultant team that
performs this traffic model update to provide general traffic model support.
Scope of Services:
The consultant(s) selected will be responsible to perform all necessary work to deliver an updated calibrated and
validated 2016 base year and 2035 forecast year multimodal traffic model, utilizing the most current version of
TransCad software, that is consistent with all applicable Federal, State, and local travel forecasting guidelines. The
update shall retain all of the intended functionality of the current model in addition to new functionality as described
below.
The outline below is meant to highlight the priority tasks, but not be an all-inclusive list of every task needed to achieve
the work product.
Assist staff in developing Citywide Transportation Survey to support traffic model update. The City will be
responsible for distribution and capture of the survey data, the consultant team will be responsible for
developing the survey and analyzing the data.
Perform network updates & refinement for base and forecast years. In addition assess and implement, i f
feasible, bikeway network in order to support segment bike volume forecasts and a more refined tool for
predicting the effect of off-street class I facilities.
o Traffic Counts will be provided to the consultant including 24 hr bike counts on street segmen ts and
class I trails. Data is expected to be available in April of 2016.
o Transit data will be provided to the consultant in the form of the short range transit plan which includes
routes, stops, headways, and boarding/alighting volumes.
Perform a base year landuse update to 2016 and refine TAZs based on recent tract maps and specific plans.
For landuse within the City SOI the City will provide parcel based landuse data, the consultant will be
responsible for compiling that data into the respective TAZs and model landuse categories. For landuse outside
the City SOI the consultant will be responsible for obtaining, updating, and processing any necessary data to
perform the update.
Perform a forecast year landuse update to 2035. For landuse within the City SOI the most current data which
reflects the recent general plan update is in the current traffic model. The consultant will however be
responsible for reviewing, updating, and validating this data based on new tract maps and specific plans
submitted since the general plan update. For landuse outside the City SOI the consultant will be responsible for
obtaining, updating, and processing any necessary data to perform the update.
Review and update trip generation and distribution models based on most current dat a. Perform trip generation
studies for special generators such as the Airport and CalPoly as necessary. Review and update penalties,
impedance, and friction factors based on most current data as necessary.
Update custom GISDK traffic model utilities based on most current data (ie. process turns tool, database
interface tool, etc.). Add new automated utilities, tasks, and reports such as select link/zone queries.
Obtain information from affected utility companies
Update the “San Luis Obispo Citywide Travel Model Model Documentation” and “San Luis Obispo Citywide
Travel Model User’s Guide” documents to reflect update made as part of this work effort.
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On-Call Services Agreement Management:
For On-Call services work 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.
For On-Call work requests beyond the traffic model update the c onsultant 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.
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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 acceptan ce 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 Publi c 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 an d
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 ma de.
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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 requireme nts. 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 RFQ ..................................................................... 2/3/16
Receive proposals ....................................................... 2/25/16
Complete proposal evaluation ..................................... 3/03/16
Award contract ............................................................... 3/8/16
Execute contract .......................................................... 3/31/16
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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 February 3, 2016, City requested proposals for Traffic Model Update Services per
Specification No. 91434.
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 three 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 i s 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 ac crued 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 Consult ant 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 al l 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 serv ices 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 co ntain 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 en tity 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 requir ements 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 c ontract, 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 pr ovide 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 in terest 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 suc h 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 t he 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. Specifi cations 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 t he 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:
Fully functional update of the City’s Travel Demand Model: All associated electronic files
1 electronic copy (.pdf) of the traffic model development report documentation
1 electronic copy (.pdf) of the traffic model user guide
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
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furnish the City all necessary electronic and hard copies of data needed to complete the review and approval
process.
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 t he 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 perf orming workscope tasks.
Although attendance at public hearings is not anticipated, the consultant may be required to attend and present
at a public hearing if necessary.
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. 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.
36. 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 p roject fee. Should the Consultant’s
work 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.
37. 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).
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The Consultant shall pay all sub-consultants within 10 calendar days from receipt of each payment made to the
Consultant by the City.
38. Resolution of Disputes. Any dispute, other than audit, concerning a question of fact arising under this
contract that is not disposed of by agreement shall be decided by a committee consisting of the City’s Project
Manager and the City Director of Public Works, who may consider written or verbal information submitted by
the 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.
39. Agreement Parties.
City: Jake Hudson
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.
40. Incorporation by Reference. City Request for Qualifications Specification No. 91434, Consultant's proposal
dated xx/xx/xxx, are hereby incorporated in and made a part of this Agreement.
41. 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 Transportation Manager.
42. 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 o wn expense.
43. 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 hereinbefor e 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.
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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. 91434
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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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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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 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 Insuranc e.
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 pr operty 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 o f 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 limit s 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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