HomeMy WebLinkAbout03-19-2019 Item 07 - RFQ for Transportation on-call services Department Name: Public Works
Cost Center: 5010
For Agenda of: March 19, 2019
Placement: Consent Agenda
Estimated Time: N/A
FROM: Daryl R. Grigsby, Director of Public Works
Prepared By: Jennifer Rice, Transportation Planner / Engineer II
SUBJECT: REQUEST FOR QUALIFICATIONS - TRANSPORTATION PLANNING AND
ENGINEERING ON-CALL SERVICES
RECOMMENDATION
1. Approve the Request for Qualifications (RFQ) to provide Transportation Planning &
Engineering On-Call Services
2. Authorize the City Manager to execute agreement s with selected consulting firms.
DISCUSSION
Background
The City’s Transportation Division is responsible for a wide range of City functions that are
focused on planning and engineering. These range from implementation of the transportation
related projects in the Capital Improvement Plan (CIP) to implementing the City Traffic Safety,
Operations & Neighborhood Traffic Management Program, and participating in the development
review process for transportation related activities . Maintaining a list of prequalified consultants
to provide on-call services for various areas of specialized and technical work has proven to be
effective in project and services delivery. This on-call approach has been used successfully
throughout the City for many years, starting with survey services in 1998 and in 2007 expanding
to engineering, architecture, and other disciplines.
The RFQ Process
Existing on-call consultant contracts for transportation planning and engineering expire in 2019.
Staff is seeking authorization to request qualifications for these services through a RFQ. The
RFQ model is used to identify the skill set of the consultants submitting qualifications and how
those skills align with the type of work needed. This contrasts with a Request for Proposals
(RFP) model which is project specific. After evaluating the RFQ responses, two to three top
consultants in each specialized area will be selected to enter agreement s with the City.
The RFQ Services Sought
The services that are generally sought through this RFQ are as follows:
1. Travel Demand Modeling
2. Transportation Impact Studies
3. Planning, design, construction assistance, and technical review of transportation projects
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4. Development review of proposals as it related to transportation for consistency with City
policy and programs
5. Assist staff with processing projects that require permitting of transportation related
improvement projects with Caltrans and other regional/State agencies.
How On-Call Transportation Consultant Services will be Used
The selected consultants will enter into an agreement with the City to be “on-call” for a period of
four-years. Services on specific projects will be scoped by staff and awarded following all City
purchasing policies and procedures to the “on-call” consultants that can provide the service
within the timeframe and budget as determined by the individual projects.
The magnitude of work fluctuates in part by the health of the economy and the amount of private
development. For example, in recent years the City has retained transp ortation consultant
services on as many as 20 projects a year with costs as high as $500,000. These projects have
predominantly been Transportation Impact Studies that were funded through development
services agreements. However, on-call contracts are also used on General Fund and
Transportation Impact Fee projects consistent with the approved budget.
Policy Context
On-call services is a best practices approach to efficient project delivery and consistent with
Section C of the City’s Municipal Code 3.24.070 Authority to Hire Consultants.
Public Engagement
While there is no public engagement directly related to this on-call services contract, public
engagement for specific projects assigned to selected consultants will follow the City adopted
Public Engagement Manual.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
There is no fiscal impact associated with establishing on-call service contracts with consultant,
no specific funds are obligated or earmarked under these contracts. After the agreements are
executed by the City Manager, scoping meetings and Purchase Order issuance will follow
obligating funding amounts and sources. Work will be billed to individual project accounts,
within the authorized and appropriated project budgets.
Budgeted: N/A Budget Year:
Funding Identified: N/A
Fiscal Analysis: N/A
ALTERNATIVES
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1. Individual Project RFPs. The Council could direct staff to proceed in a more traditional
fashion issuing RFP’s for each individual project. On the plus side, a company with greater
experience in the specific work might be attracted. On the negative side, this process is very
time consuming and increases the work required for an individual project, reducing overall
project production. Staff does not recommend this approach because it increases the time to
implement individual contracts, while providing very little ben efit. RFPs can still be issued
on a case-by-case basis when specialized skills not available through on-call contracts, is
needed.
2. In-house Approach. The Council could direct staff to complete more of the work in-house.
Staff does not recommend this appro ach because Transportation Planning & Engineering
does not have sufficient staff to deliver the volume of work or accommodate the volume of
development applications.
Attachments:
2019 Traffic RFQ
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PUBLIC WORKS DEPARTMENT – TRANSPORTATION PLANNING/ENGINEERING DIVISION
Notice Requesting Qualifications for
Transportation On-Call Services
Specification No. 100.50500.7227.TE
June 2019
The City of San Luis Obispo is requesting sealed proposals from interested consultants to provide for Transportation
On-Call Services, Specification No. 100.50500.7227.TE. 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.
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 April 17, 2019.
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 Jennifer Rice at (805) 781-7058 or
jrice@slocity.org.
Disadvantaged Business Participation
DBE and other small businesses as defined in Title 49 CFR 26, are encouraged to participate in the performance of
agreements.
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Specification No. 100.50500.7227.TE
TABLE OF CONTENTS
A. DESCRIPTION OF WORK ......................................................................................................................... 3
B. GENERAL TERMS AND CONDITIONS ...................................................................................................... 4
PROPOSAL REQUIREMENTS.................................................................................................................. 4
CONTRACT AWARD AND EXECUTION ................................................................................................... 5
C. PROPOSAL CONTENT AND SELECTION PROCESS ............................................................................... 6
PROPOSAL CONTENT ............................................................................................................................. 6
PROPOSAL EVALUATION AND CONSULTANT SELECTION .................................................................. 6
D. FORM OF AGREEMENT............................................................................................................................ 8
E. PROPOSAL SUBMITTAL FORMS ............................................................................................................15
ACKNOWLEDGEMENT ...........................................................................................................................15
INSURANCE CERTIFICATE ....................................................................................................................15
REFERENCES .........................................................................................................................................16
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS ....................................................................17
F. INSURANCE REQUIREMENTS: Consultant Services ..............................................................................18
G. APPENDICES ...........................................................................................................................................19
Appendix 1 – Federally Funded Contract Forms ..................................................................................19
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A. DESCRIPTION OF WORK
The City is looking for consultants interested in working with the City to provide Transportation Planning and
Engineering services in support of the City’s Capital Improvement Program, Development Review, Land Use,
Circulation Element Implementation, and other various Transportation related tasks as needed.
Background:
The City is requesting qualifications from qualified consultants to provide Transportation On-Call services. Currently
the City is not adequately staffed to perform this work. The City is interested in generating a list of qualified consultants
specializing in this type of work to draw from as needed. While the exact list of the City’s future Transportation
planning and engineering On-Call services is unknown at this time, consultants should expect Transportation On-Call
services will be required to help facilitate the Ci ty’s Capital Improvement Program along with other various
Transportation planning and engineering tasks.
Workscope: Transportation On-Call services:
The consultant(s) selected will be responsible to perform the necessary work to perform miscellaneous traffic
engineering and planning services to ensure projects are designed to City standards and perform traffic planning
review of development review projects as needed.
Our goal is as follows:
❖ To develop a “short list” of qualified traffic planning and engineering firms that becomes familiar with City traffic
and transportation standards and principles to assist staff with projects when staff resources don’t match project
delivery needs.
❖ Provide consistency with traffic planning and engineering services for development review projects that are
processed through the City’s development review process.
Consultant may be required to provide a wide variety of services related to municipal transportation engineering. This
includes, but is not limited to:
1. Planning, design, construction assistance, and technical review of efforts directed to roadway design,
traffic signals, roadside safety features, signage and striping programs, pavement maintenance
programs and related features and activities.
2. Travel Demand Modeling using the City of San Luis Obispo Traffic Model (Transcad), the San Luis
Obispo Council of Governments Countywide Transportation Model (Transcad) or other forecasting
software
3. Expertise with multi-modal traffic operations analysis software such as Synchro Version 9, VISSIM,
Highway Capacity Manual software.
4. Review development proposals for consistency with City policy & programs, traffic impact study
guidelines, and consistency with transportation best practices.
5. Assist staff with processing projects with Caltrans and other regional/State agencies that require
permitting of transportation related improvement projects.
Agreement Management:
The selected consultant will be expected to assign a single point person who understands the overall agreement and
can manage paperwork associated with it. This person does not need to be assigned to any of the individual projects,
but should be available to listen and follow up on concerns regarding performance. Cost proposals will be received
after scoping meetings, and may include the cost of the scoping meeting. The City will evaluate the proposal upon
receipt and negotiate 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 Qualifications (RFQ) specifications package. By virtue of its
proposal submittal, the Consultant acknowledges agreement with and acceptance of all provisions of the RFP
specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and
accompanied by any other required submittals or supplemental materials. Proposal documents shall be enclosed
in an envelope that shall be sealed and addressed to the Public Works Department, City of San Luis Obispo, 919
Palm Street, San Luis Obispo, CA, 93401. Each proposal submittal shall include one electronic copy of the
proposal, submitted in Adobe Acrobat format on CD or flash drive. In order to guard against premature opening,
the proposal should be clearly labeled with the proposal title, specification number, name of Consultant, and date
and time of proposal opening. No FAX submittals will be accepted.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self -insured retention.
The purpose of this submittal is to generally assess the adequacy of the Consultant’s insurance coverage during
proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until contract
award. The City’s insurance requirements are detailed in Section F.
4. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form
provided in the RFP package.
5. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past
gov ernment disqualifications on the form provided in the RFP package.
6. Proposal Withdrawal and Opening. A Consultant may withdraw its proposal, without prejudice prior to the time
specified for the proposal opening, by submitting a written request to the City 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 Qualifications" will be considered. All qualification
proposals will be opened and declared publicly. Consultants or their representatives are invited to be present at
the opening of the qualification 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 qualification 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 Qualification Proposals. When specifically requested, the proposer may submit an alternative
qualification 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 qualification 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 qualification proposals, to reject or delete one part of a proposal and accept
the other, except to the extent that proposals are qualified by specific limitations. See the "Special Terms and
Conditions" in Section C of these specifications for proposal evaluation and contract award criteria.
11. Competency and Responsibility of Consultant. The City reserves full discretion to determine the competence
and responsibility, professionally and/or financially, of Consultants. Consultants will provide, in a timely manner,
all information that the City deems necessary to make such a decision.
12. Contract Requirement. The Consultant to whom award is made (Consultant) shall execute a written contract
with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address
given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these
specifications.
13. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages and amounts
specified in Section F of these specifications within 10 (ten) calendar days after notice of contract award as a
precondition to contract execution.
14. Business License & Tax. The Consultant must have a valid City of San Luis Obispo business license and tax
certificate before execution of the contract. Additional information regarding the City's business license and tax
program may be obtained by calling (805) 781-7134.
15. Failure to Accept Contract. The following will occur if the Consultant to whom the award is made (Consultant)
fails to enter into the contract: the award will be annulled and an award may be made to the next highest ranked
Consultant with whom a responsible compensation is negotiated, who shall fulfill every stipulation as if it were
the party to whom the first award was made.
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C. PROPOSAL CONTENT AND SELECTION PROCESS
PROPOSAL CONTENT
1. Submittal Forms
a. Acknowledgement
b. Certificate of Insurance
c. References
d. Statement of Past Disqualifications
2. Qualifications
a. Experience of your firm in performing Transportation Engineering and Planning work for government clients
and facilities, any other qualifications or specialties which you make your firm well-suited in assisting the City
in engineering work other similar activities.
b. Experience of the staff to be assigned to this work 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 work.
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 your firm.
3. Work Program
a. Description of your approach to working with City staff to achieve their goal of completing the assigned
Capital Improvement Plan and City Development work on schedule.
b. Services or data anticipated to be provided by the City.
c. Any other information that would assist us in maki ng this contract award decision.
4. Proposal Length and Copies
a. Qualification 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 flash drive.
PROPOSAL EVALUATION AND CONSULTANT SELECTION
Qualification 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:
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Issue RFQ ...............................................................03/19/19
Receive qualification proposals ................................04/17/19
Complete proposal evaluation ..................................05/03/19
Award contract .........................................................05/10/19
Execute contract ......................................................05/17/19
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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 [date], requested qualifications for Transportation On-Call Services per Specification No.
100.50500.7227.TE.
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. Individual projects shall be completed in accordance with approved project
schedules.
3. Contract Term for On-Call Service Contracts. The services identified in this specification will be contracted
for by the City for two years. Actual work may extend beyond the final date.
4. Contract Extension and Cost Increases for On-call Service Contracts. The term of the contract may be
extended by mutual consent for an additional year. During this extended period, labor rates may be increased
to reflect increased labor costs and overhead at each 1 year contract anniversary, provided the City is notified of
the increases in advance. During the term of the agreement, beginning July 1, 2015, contract prices shall be
increased by a percentage equal to the percentage increase in the U.S. Consumer Price Index/All Urban
Consumers (CPI-U) from March in the previous year to March in the year of adjustment.
5. Work Delays. Should the Consultant be obstructed or delayed in the work required to be done hereunder by
changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other
Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions
arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended
for such periods as may be agreed upon by the City and the Consultant. In the event that there is insufficient
time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance
of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the
above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same.
6. Termination. If, during the term of the contract, the City determines that the Consultant is not faithfully abiding
by any term or condition contained herein, the City may notify the Consultant in writing of such defect or failure
to perform. This notice must give the Consultant a 10 (ten) calendar day notice of time thereafter in which to
perform said work or cure the deficiency.
If the Consultant has not performed the work or cured the deficiency within the ten days specified in the notice,
such shall constitute a breach of the contract and the City may terminate the contract immediately by written
notice to the Consultant to said effect. Thereafter, neither party shall have any further duties, obligations,
responsibilities, or rights under the contract except, however, any and all obligations of the 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
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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 or unforeseen circumstances, 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 approv ed in writing by the City. For any sub-contract for services in excess of
$25,000, the subcontract shall contain all provisions of this agreement.
9. Contract Assignment. The Consultant shall not assign, transfer, convey or otherwise dispose of the contract,
or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind
without the previous written consent of the City.
10. Inspection. The Consultant shall furnish City with every reasonable opportunity for City to ascertain that the
services of the Consultant are being performed in accordance with the requirements and intentions of this
contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval.
The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its contract requirements.
11. Record Retention and Audit. For the purpose of determining compliance with various laws and regulations as
well as performance of the contract, the Consultant and sub-consultants shall maintain all books, documents,
papers, accounting records and other evidence pertaining to the performance of the contract, including but not
limited to the cost of administering the contract. Materials shall be made available at their respective offices at
all reasonable times during the contract period and for four 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 covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or
otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The
Consultant further covenants that, in the performance of this work, no sub-consultant or person having such an
interest shall be employed. The Consultant certifies that no one who has or will have any financial interest in
performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance
of the work hereunder, the Consultant shall at all times be deemed an independent Consultant and not an agent
or employee of the City.
13. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that this contract was not
obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any
City employee. For breach or violation of the warranty, the City shall have the right in its discretion; to terminate
the contract without liability; to pay only for the value of the work actual ly performed; to deduct from the contract
price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
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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
f ees, 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 fr om 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 this project are believed by the City to be accurate and to
contain no affirmative misrepresentation or any concealment of fact. Consultants are cautioned to undertake an
independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its
interpretation of test results contained in the specifications package. In preparing its proposal, the Consultant
and all sub-consultants named in its proposal shall bear sole responsibility for proposal preparation errors
resulting from any misstatements or omissions in the specifications that could easily have been ascertained by
examining either the project site or accurate test data in the City's possession. Although the effect of ambiguities
or defects in the specifications will be as determined by law, any patent ambiguity or defect shall give rise to a
duty of Consultant to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or
defect to be construed against the Consultant. An ambiguity or defect shall be considered patent if it is of such
a nature that the Consultant, assuming reasonable skill, ability and diligence on its part, knew or should have
known of the existence of the ambiguity or defect. Furthermore, failure of the Consultant or sub-consultants to
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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 these 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. 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 cost which arise out of, pertain to, or relate to the negligence, recklessness,
or willful misconduct of the Consultant but only to the extent that such claims against the
Consultant arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of 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. Standards. Documents shall conform to City Standards and City furnished templates shall be used.
27. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and signed by the
Consultant where required.
28. Required Deliverable Products and Revisions. The Consultant will be required to provide documents
addressing all elements of the workscope. Plans shall be prepared using City’s standardized title blocks and
coversheets. Draft plans may be submitted for review using either the full D (24x36) format or a reduced 11x17
format. Consultant shall ensure that drawings and notes are clearly legible if using the reduced 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, technical studies and 50% plans and estimate
• 1 copy of the final preliminary reports, technical studies plus markups
• 2 copies of the 90% plans, specifications and estimate plus 50% markups
• 2 copy of the 100% plans, specifications and estimate plus 90% markups
• 1 copy of the final plans, specifications and estimates plus 100% markups
• 1 copy of the final record drawings after construction
All Submittals must include one electronic copy submitted in Adobe Acrobat format.
Draft reports and plan submittals shall be submitted as paper copies. Final documents shall be submitted as
camera-ready original, unbound, each page printed on only one side, including any original graphics in place and
scaled to size, ready for reproduction AND one electronic copy submitted in Adobe Acrobat format including all
original stamps and signatures
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In the event the City will be compiling the fi nal specifications, incorporating the Consultant’s work, the final
specifications will also be required to be submitted in Microsoft Word format.
Final plans will also be required to be submitted in AutoCAD
Electronic files shall be submitted on a flash drive and all files must be compatible with the Microsoft operating
system. Files may be emailed to the City in lieu of flash drive.
29. Ownership of Materials. Upon completion of all work under this contract, ownership and title to all reports,
documents, plans, specifications, and estimates produced as part of this contract will automatically be vested in
the city and no further agreement will be necessary to transfer ownership to the City. The Consultant shall furnish
the City all necessary 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.
30. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or
assembled by the Consultant as part of the work or services under these specifications shall be the property of
City and shall not be made available to any individual or organization by the Consultant without the prior written
approval of the City.
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.
31. 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.
32. Attendance at Meetings And Hearings. Consultant shall attend as many "working" meetings with staff as
necessary to accomplish the workscope tasks. Consultant shall attend workshops with the public, and City
commission, committee or Council meetings as identified in the individual project scoping.
33. 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.
34. 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.
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
therefore compensation in a total sum not to exceed the individual agreed upon project fee. Should the
Consultant’s designs, drawings or specifications contain errors or deficiencies, the Consultant shall be required
to correct them at no increase in cost to the City.
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For on-call services, the City will pay and the Consultant shall receive compensation as agreed to on a project
by project basis.
The Consultant shall be reimbursed for hours worked at the hourly rates attached to this agreement. Hourly rates
include direct salary costs, employee benefits, overhead and fee. In addition, the Consultant shall be reimbursed
for direct costs other than salary and vehicle cost that have been identified and are attached to this agreement.
The Consultant’s personnel shall be reimbursed for per diem expenses at a rate not to exceed that currently
authorized for State employees under State Department of Personnel Administration rules.
37. Payment Terms. The City's payment terms are 30 days from the receipt and approval of an original invoice and
acceptance by the City of the materials, supplies, equipment or services provided by the Consultant (Net 30).
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 Proposal Specification No. 100.50500.7227.TE and Consultant's
proposal dated X, 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 Traffic 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 bet ween 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.
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 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.
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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
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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. 100.50500.7227.TE
▪ Is thoroughly familiar with its content
▪ Is authorized to represent the proposing firm; and
▪ Agrees to perform the work as set forth in the specification and this proposal.
Firm Name and Address:
Contact Name:
Email:
Fax: Phone:
Signature of Authorized Representative:
Date:
INSURANCE CERTIFICATE
Insurance Company’s A.M. Best Rating
Certificate of insurance attached
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REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under the
present business name: _________
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services
included with the scope of the specifications. Attach additional pages if required. The City reserves the right to
contact each of the references listed for additional information regarding your firm's qualifications.
Reference No. 1
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
Reference No. 2
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
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Reference No. 3
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The Consultant shall state whether it or any of its officers or employees who have a proprietary interest in it, has
ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local
government project because of the violation of law, a safety regulation, or for any other reason, including but not
limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the
circumstances.
Do you have any disqualification as described in the above paragraph to declare? Yes No
If yes, explain the circumstances.
Executed on ______________________at _______________________________________ under penalty of
perjury of the laws of the State of California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Consultant Representative
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F. INSURANCE REQUIREMENTS: Consultant Services
The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work hereunder
by the Consultant, its agents, representatives, employees or sub-consultants.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 20 10 Prior to 1993 or
CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as determined by the City).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate
limit shall apply separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductibles or self -insured retentions must be declared to and
approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or
self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed
to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Consultant; products and completed operations
of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired
or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, official, employees, agents or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self -insurance
maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the
Consultant's insurance and shall not contribute with it.
3. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended,
voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the City. The Consultant agrees to notify
the City in the event that the policy is suspended, voided or reduced in coverage or limits. A minimum of 30
days prior written notice by certified mail, return receipt requested, will be provided.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A:VII.
Verification of Coverage. Consultant shall f urnish the City with a certificate of insurance showing maintenance of
the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage
required by this clause must also be provided. The endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work
commences.
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G. APPENDICES
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)
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