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HomeMy WebLinkAbouta - Council Reading File - CM Services RFQ 50410.2018.CM PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION Notice Requesting Qualifications for Construction Management Services Specification No. 50410.2018CM August 2018 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. 50410.2018CM. 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 4 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 September 20, 2018. 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 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 Manny Guzman at mguzman@slocity.org or (805) 781-7423. 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. – 06/14/2018 MG Specification No. 50410.2018CM 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 E. INSURANCE REQUIREMENTS: Consultant Services ........................................................................................ 20 F. APPENDICES ........................................................................................................................................................ 21 Appendix 1 – Federally Funded Contract Forms .................................................................................................... 21 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 four-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 sta ff and/or outside consultants depending on the number 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 2017-19 Financial Plan and future 2019-21 Financial Plan Capital Improvement Plan project. The 2019-21 Financial Plan document is available for review on the City’s website. 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. • Maintain open 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 project is constructed to the highest quality in compliance with Contract Documents. • Minimize exposure to claims and litigation. • Manage the cost of Capital Improvement Plan projects and stay within approved budgets. Typical 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 adden da 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. 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:) • 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, and convey any special requirements or concerns. a. Provide a sign in sheet for all attendees. b. Keep meeting minutes that show subjects discussed, directions given, and responses 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. 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 with approved testing laboratories. 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 workmansh ip. 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. 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 rec ords 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 work efforts associated with it. Consultant shall meet with project manager to discuss project in order to develop a project workscope and 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. 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. 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 unopen ed. 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 reques ted; 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. H owever, 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. CONTRACT AWARD AND EXECUTION 10. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 da ys 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 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. 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 .................................................................. 08/25/18 Receive proposals ..................................................... 09/20/18 Complete proposal evaluation ................................... 10/05/18 Award contract ........................................................... 10/23/18 Execute contract ........................................................ 11/06/18 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 August 25, 2018, City requested proposals for Capital Improvement Plan Construction Management Services per Specification No. 50410.2018CM. 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 four 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 o f 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 ma y, 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, ob ligations, responsibilities, or rights under the contract except, however, any and all obligations of the Consultant's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof. In said event, the Consultant shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Consultant as may be set forth in the Agreement payment schedule; compe nsation 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 pa yment 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 th at 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 Consultan t 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 interes t—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 i ts 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 bu ilding 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 fac ilities 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 author ized 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 specificat ions, 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 its part, knew or should have known of the existence of the ambiguity or defect. Furthermo re, 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, employ ees 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. In no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault. 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, 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 veste d 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 quantiti es 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 inc lude 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. 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. Tra vel 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 thos e 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 dispos ed 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: Manny Guzman 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. 50410.2018CM, Consultant's proposal dated 09/20/2018, 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 s uccessful 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 her eto. 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 __________________________________ Derek Johnson, City Manager By: Name of CAO/President Its: CAO/President APPROVED AS TO FORM: Christine Dietrick, City Attorney 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. 50410.2018CM ▪ 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 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 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 E. 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 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 exc ess 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. F. 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. Local Assistance Procedures Manual forms may be obtained from the Caltrans website: http://www.dot.ca.gov/hq/LocalPrograms/lam/forms/lapmforms.htm Required forms include: 1. Exhibit 10-A: A&E Consultant Audit Request Letter and Checklist 2. Exhibit 10-B: Suggested Consultant Evaluation Sheet 3. Exhibit 10-C: Consultant Contract Reviewers Checklist 4. Exhibit 10-H: Sample Cost Proposal 5. Exhibit 10-I: Notice to Proposers DBE Information 6. Exhibit 10-K: Consultant Certification of Costs and Financial Management System 7. Exhibit 10-O1: Consultant Proposal DBE Commitment 8. Exhibit 10-O2: Consultant Contract DBE Information (Word version) 9. Exhibit 10-Q: Disclosure of Lobbying Activities 10. Exhibit 17-F: Final Utilization Report (to be completed at Project Completion)