HomeMy WebLinkAbout06-18-2019 Item 03 - On-Call Services RFQ - Civil, Architectural, Mechanical, Surveying, Right-of-Way Acquisition
Department Name: Public Works
Cost Center: 5009
For Agenda of: June 18, 2019
Placement: Consent
Estimated Time: N/A
FROM: Daryl Grigsby, Public Works Director
Prepared By: Brian Nelson, Supervising Civil Engineer
SUBJECT: ADVERTISE ON-CALL SERVICES REQUEST FOR QUALIFICATIONS –
CIVIL, ARCHITECTURAL, MECHANICAL, SURVEYING, RIGHT OF WAY
ACQUISITION
RECOMMENDATION
1. Approve the Request for Qualifications (RFQ) to provide:
a. Civil Engineering Design Services, Specification No. 5009.2019.CE (Attachment A)
b. Architectural Design Services, Specification No. 5009.2019.AD (Attachment B)
c. Land Surveying Services, Specification No. 5009.2019.LS (Attachment C)
d. Right of Way Acquisition Services, Specification No. 5009.2019.ROW (Attachment D)
e. Mechanical Design Services, Specification No. 5009.2019.MD (Attachment E)
2. Authorize the City Manager to execute agreements with selected consulting firms.
3. Authorize the Finance Director to execute and amend Purchase Orders for individual
consultant services contracts in an amount not-to-exceed the authorized project budget.
4. Authorize the City Engineer to amend or extend the agreement for services in accordance
with its terms and within the available annual budget.
DISCUSSION
Background
The City’s Capital Improvement Plan (CIP) implements Council priorities by including projects
that build, maintain, and improve infrastructure. The CIP includes a mix of projects designed and
managed exclusively by City staff, and projects that use consultant services. This on-call service
approach has been used successfully for many years, starting with survey services in 1998 and in
2007 expanding to engineering, architecture, and other disciplines. The City’s CIP projects are
mostly modest in size, and the RFQs generally draws local consulting firms.
Request for Qualifications Selection and Contract Management
The existing consultant contracts for Civil Engineering Design, Architectural Design, Land
Surveying, and Right of Way Acquisition expire this year. Additionally, staff have identified the
need for on-call mechanical design services, which will add additional support for staff delivery
of facility maintenance projects, include HVAC repairs and replacements.
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It is therefore recommended that the City advertise for these services through the RFQ process.
The RFQ model is used to identify the skillset of the consultants submitting qualifications. RFQs
enable City staff to determine how those qualifications align with future City projects. This is
different from the project-specific Request for Proposals (RFP) model. After evaluating the RFQ
submittal packages, the top consultants in each specialized area will be selected to enter into an
agreement with the City. Consultant selection is based on their demonstrated ability to provide
the services proposed in a timely manner with qualified staff. Once the selected consultants enter
into an agreement with the City, their services on an individual project are implemented rapidly,
without the need for an individual RFP. The selected consultant firms will remain on contract for
four years, with the option to extend the contract one additional year.
The consultants will operate under the conditions of the agreement included in the RFQ.
Individual projects will be scoped by the City department most involved. The City’s Project
Manager will work with the consultant to determine the final cost for the services. The specific
project work will then be authorized via a Purchase Order through the Finance Department.
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
These RFQs will be advertised to the public. Specific public engagement will occur for each
specific project as needed and will conform to the City’s 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. 15278.
FISCAL IMPACT
Budgeted: N/A Budget Year: N/A
Funding Identified: N/A
There is no fiscal impact associated with establishing on-call service contracts with consultants,
because 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.
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ALTERNATIVES
Individual Project RFPs. Council can direct staff to proceed in a more traditional fashion by
issuing RFPs for each individual project in the process outlined by the City’s Purchasing
Guidelines. In this case, a company with greater experience in the specific work might be
attracted; however, 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 minimal benefit.
RFPs can still be issued on a case-by-case basis when specialized skills, not available through
on-call contracts, are needed.
Attachments:
a - 2019 Civil RFQ 5009.2019.CE
b - 2019 Architect RFQ 5009.2019.AD
c - 2019 Survey RFQ 5009.2019.LS
d - 2019 ROW RFQ 5009.2019.ROW
e - 2019 ME RFQ 5009.2019.ME
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Notice Requesting Qualifications for Civil Engineering Design Services
Specification No. 5009.2019.CE
The City of San Luis Obispo is requesting sealed proposals from interested consultants to provide for Civil
Engineering Design Services required for City projects pursuant to Specification No. 5009.2019.CE. The City
proposes to select several qualified co nsultants to perform these services on an as-needed basis for specific
individual projects for a contract term of four years.
Description of Services:
In general, needed services consist of various civil design activities related to the City’s Capital Improvement Plan or
other City projects. Selected Consultants will prepare high quality construction plans and specifications in accordance
with City requirements and standards.
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 July 18, 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 following:
• RFQ title
• Specification number
• Consultant name
• Time and date of the proposal opening
Proposals shall be submitted using the forms provided in the specification package.
Obtaining a Specification Package
▪ Download from the City’s Web site www.slocity.org - Doing Business / Bids & Proposals page.
▪ Pick up a copy of the RFQ at the above address
A list of companies that have requested a copy of the proposal is maintained on the web page.
Questions
Contact Hai Nguyen at (805) 781-7108 or hnguyen@slocity.org with any questions regarding this Request for
Qualifications.
Disadvantaged Business Participation
DBE and other small businesses as defined in Title 49 CFR 26, are encouraged to participate in the performance of
agreements financed in whole or in part with federal funds.
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Specification No. 5009.2019.CE
TABLE OF CONTENTS
DESCRIPTION OF WORK ........................................................................................................................................... 3
PROPOSAL CONTENT AND SELECTION PROCESS ............................................................................................... 7
PROPOSAL CONTENT ........................................................................................................................................... 7
PROPOSAL EVALUATION AND CONSULTANT SELECTION .............................................................................. 7
FORM OF AGREEMENT .............................................................................................................................................. 9
PROPOSAL SUBMITTAL FORMS ............................................................................................................................. 16
ACKNOWLEDGEMENT ......................................................................................................................................... 16
INSURANCE CERTIFICATE .................................................................................................................................. 16
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS ............................................................................... 17
REFERENCES ....................................................................................................................................................... 17
INSURANCE REQUIREMENTS: Consultant Services ............................................................................................. 19
APPENDICES ............................................................................................................................................................. 20
Appendix 1: Federally Funded Contract Forms ...................................................................................................... 20
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Section A
DESCRIPTION OF WORK
The City is looking for consultants interested in working with the City to deliver the City’s Capital Improvement
Program, in the work area of Civil Engineering Design.
Background:
The City is requesting qualifications from qualified consultants to provide Civil Engineering design services. Currently
the City is not adequately staffed to perform all Capital Improvement Plan 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 Civil Engineering design services is unknown at this time, consultants should expect Civil Engineering design
services will be required to help facilitate the City’s Capital Improvement Plan work. The City’s existing Capital
Improvement Plan may be found on the City’s website:
https://www.slocity.org/government/department-directory/finance-and-it/online-documents/-folder-586
Staff anticipates that the 2019-21 Capital Improvement Plan will be similar in variety and scope to the 20 17-19 Plan.
The successful consultants will be expected to perform the types of services outlined in this request.
Workscope – Civil Engineering Design:
The consultant(s) selected will be responsible to perform the necessary work to deliver a high quality and biddable
sets of plans and specifications for construction, consistent with current policies and procedures. Necessary work
may include studies, investigations, surveying, modeling or other engineering analysis or reports to support
development of project plans and specifications.
The outline below is meant to clarify the consultant’s role, but not be an all-inclusive list of every task needed to
achieve the work product. A City staff person will be assigned as your contact for each individual project.
1. Attend scoping meeting with project proponent.
2. Submit a detailed workscope including:
a. list of key work items
b. schedule which includes required turn-around times for City staff input and products
c. list of any sub-consultants needed for the work
d. cost proposal which is subject to negotiation
3. Obtain information by:
a. completing research of City archives of record drawings,
b. contacting affected utility companies,
c. performing facility investigation,
d. researching code requirements
e. any other record searches required to complete the work.
4. Complete preliminary reports or studies, such as infrastructure assessments, if required in the project scope.
5. Engage in public review process as required in the workscope.
6. Prepare and submit initial 50% draft plans, specifications, and construction estimate for City review and
comment. Address comments.
7. Prepare and submit 90% draft plans, specifications, and construction estimate for City review and comment.
Address comments.
8. Prepare and submit 100% draft plans, specifications, and construction estimate for City review and comment
9. Submit plans to the Building Division for building permits, addressing comme nts and resubmitting as needed.
10. Prepare and submit completed approved bid package including plans, specifications and construction
estimates signed and stamped by the professional of record.
11. Receive red line plans after construction work is complete and prepare record plans and submit to City.
12. Plans must be completed using AutoCAD software and compliant with City Engineering Standards
Appendix F, including:
a. borders
b. layer name
c. layer color
d. layer line weight
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City Staff will typically complete, or manage through others, the following items:
1. Obtain the environmental document.
2. Pay all permit fees.
3. Obtain permits for creek-related work from regulatory agencies.
4. Complete staff reports for approval.
5. Advertise and award construction contracts.
6. Provide construction management.
This work may be assigned to the consultant depending upon consultant’s capabilities, available City staffing and
available funding.
The City encourages engineering firms that specialize in services such as wastewater, water or separate technical
fields to apply as specialty engineering consultant services are sometimes required. The City may, at its sole
discretion, add specialty service categories to the Civil Design Services on call list.
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Section B
GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (Consultant) shall meet all
of the terms, and conditions of the Request for Qualifications (RFQ) specifications package. By virtue of its
proposal submittal, the Consultant acknowledges agreement with and acceptance of all provisions of the RF Q
specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and
accompanied by any other required submittals or supplemental materials. Proposal documents shall be
enclosed in an envelope that shall be sealed and addressed to the Public Works Department, City of San Luis
Obispo, 919 Palm Street, San Luis Obispo, CA, 93401. Each proposal submittal shall include one electronic
copy of the proposal, submitted in Adobe Acrobat format on CD or flash drive. In order to guard against
premature opening, the proposal should be clearly labeled with the proposal title, specification number, name of
Consultant, and date and time of proposal opening. No FAX submittals will be accepted.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the Consultant’s insurance coverage
during proposal evaluation; as discussed under paragraph 13 below, endorsements are not required until
contract award. The City’s insurance requirements are detailed in Section F.
4. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form
provided in the RFQ package.
5. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past
government disqualifications on the form provided in the RFQ package.
6. Proposal Withdrawal and Opening. A Consultant may withdraw its proposal, without prejudice prior to the
time specified for the proposal opening, by submitting a written request to the City Engineer for its withdrawal,
in which event the proposal will be returned to the Consultant unopened. No proposal received after the time
specified or at any place other than that stated in the "Notice Requesting Qualifications" will be considered. All
proposals will be opened and declared publicly. Consultants or their representatives are invited to be present
at the opening of the proposals.
7. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file,
or to be interested in more than one proposal, except an alternative proposal when specifically requested;
however, an individual or business entity that has submitted a sub-proposal to a Consultant submitting a
proposal, or who has quoted prices on materials to such Consultant, is not thereby disqualified from submitting
a sub-proposal or from quoting prices to other Consultants submitting proposals.
8. Communications. All timely requests for information submitted in writing will receive a written response from
the City. Telephone communications with City staff are not encouraged, but will be permitted. However, any
such oral communication shall not be binding on the City.
9. Alternative Proposals. When specifically requested, the proposer may submit an alternative proposal (or
proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the
proposer must provide an analysis of the advantages and disadvantages of each of the alternatives, and
discuss under what circumstances the City would prefer one alternative to the other(s). If an alternative
proposal is submitted, the maximum length of the proposal may be expanded proportionately by the number of
alternatives submitted.
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CONTRACT AWARD AND EXECUTION
10. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for
examination and comparison. The City also reserves the right to waive non substantial irregularities in any
proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to
the extent that proposals are qualified by specific limitations. See the "Special Terms and Conditions" in
Section C of these specifications for proposal evaluation and contract award criteria.
11. Competency and Responsibility of Consultant. The City reserves full discretion to determine the
competence and responsibility, professionally and/or financially, of Consultants. Consultants will provide, in a
timely manner, all information that the City deems necessary to make such a decision.
12. Contract Requirement. The Consultant to whom award is made (Consultant) shall execute a written contract
with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address
given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these
specifications.
13. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages and
amounts specified in Section F of these specifications within 10 (ten) calendar days after notice of contract
award as a precondition to contract execution.
14. Business License & Tax. The Consultant must have a valid City of San Luis Obispo business license and tax
certificate before execution of the contract. Additional information regarding the City's business license and tax
program may be obtained by calling (805) 781-7134.
15. Failure to Accept Contract. The following will occur if the Consultant to whom the award is made
(Consultant) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in
accordance with the special terms and conditions if a Consultant's bond or security is required; and an award
may be made to the next highest ranked Consultant with whom a responsible compensation is negotiated, who
shall fulfill every stipulation as if it were the party to whom the first award was made.
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Section C
PROPOSAL CONTENT AND SELECTION PROCESS
PROPOSAL CONTENT
1. Submittal Forms
a. Acknowledgement
b. Certificate of Insurance
c. References
d. Statement of Past Disqualifications
2. Qualifications
a. Experience of your firm in performing civil engineering 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 f irm 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 work on schedule.
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. Qualification proposals should be the minimum length to provide the required information. Charts and other
short form approaches to conveying information are encouraged.
b. Three copies of the proposal must be submitted.
c. One 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:
5. Written Proposal Review/Finalist Candidate Selection
Evaluation of the qualification proposals will be based on the following qualifications:
1. Understanding of the work involved in completing civil engineering work
2. Demonstrated competence, professional qualifications of proposed staff
3. Recent experience in successfully performing similar services
4. Ability to respond quickly to work requests
Qualification proposals will be reviewed by a selection committee and ranked in accordance with the above
criteria. Where one or more qualification proposals are rated consistently higher than others, the consultant s
may be selected as the top ranked consultants for purposes of contract negotiation.
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Alternatively, a group of finalist candidates (generally the top 3 to 5 five proposers) may be selected for follow -
up interviews and presentations, or requests for additional clarifying information, before the final top ranked
consultants for contract negotiation are determined.
6. Proposal Review and Award Schedule
The following is an outline of the anticipated schedule for proposal review and contract award:
Issue RFQ ........................................................ June 20, 2019
Receive qualification proposals .......................... July 18, 2019
Complete proposal evaluation ....................... August 22, 2019
Award contract ........................................ September 19, 2019
Execute contract ............................................ October 3, 2019
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Section D
FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by and
between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and
[CONSULTANT’S NAME IN CAPITAL LETTERS], hereinafter referred to as Consultant.
W I T N E S S E T H
WHEREAS, on [date], requested proposals for Civil Engineering Design Services per Specification No. 5009-
2019-CE.
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. Contract Term for On-Call Service Contracts. The services identified in this specification will be contracted
by the City for four years. Actual work may extend beyond the final date.
3. Cost Increases for On-Call Service Contracts and Contract Extension. Labor rates during the contract term
may be increased on an annual basis to reflect projected increases in labor costs and overhead provided those
increases are incorporated into the Proposal.
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 rates and overhead provided the City is notified and those
increases are incorporated into the extension.
4. 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 lab or 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.
5. 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
such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges
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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.
The City also reserves the right to terminate the contract for convenience, providing a 30 (thirty) calendar day
notice, at any time upon a determination by the Director that termination of the contract is in the best interest of
the City. In this case the Consultant will be paid compensation due and payable to the date of termination.
6. 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.
7. 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.
8. 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.
9. Inspection. The Consultant shall furnish City with ever y 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.
10. Record Retention and Audit. For the purpose of determining compliance with various laws and regulations as
well as performance of the contract, the Consultant and sub-consultants shall maintain all books, documents,
papers, accounting records and other evidence pertaining to the performance of the contract, including but not
limited to the cost of administering the contract. Materials shall be made available at their respective offices at
all reasonable times during the contract period and for three years from the date of final payment under the
contract. Authorized representatives of the City shall have the option of inspecting and/or auditing all records.
For Federally funded projects, access to records shall also include authorized representatives of the State and
Federal government. Copies shall be furnished if requested.
11. 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 h ave a financial interest in the outcome of this contract, or any
ensuing City construction project which will follow. The Consultant staff shall provide a Conflict of Interest
Statement where determined necessary by the City.
The Consultant covenants that it presently has no interest, and shall not acquire any interest —direct, indirect or
otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The
Consultant further covenants that, in the performance of this work , no sub-consultant or person having such an
interest shall be employed. The Consultant certifies that no one who has or will have any financial interest in
performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance
of the work hereunder, the Consultant shall at all times be deemed an independent Consultant and not an agent
or employee of the City.
12. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that this contract was not
obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any
City employee. For breach or violation of the warranty, the City shall have the right in its discretion; to terminate
the contract without liability; to pay only for the value of the work actually performed; to deduct from the contract
price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
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13. 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.
14. 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.
15. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Consultant is
required to pay.
16. Permits, Licenses and Filing Fees. The Consultant shall procure all permits and licenses, pay all charges and
fees, and file all notices as they pertain to the completion of the Consultant’s work. The City will pay all application
fees for permits required for the completion of the project including building and regulatory permit applicati on
fees. Consultant will provide a 10 day notice for the City to issue a check.
17. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established
by OSHA and the California Division of Industrial Safety.
18. 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.
19. Preservation of City Property. The Consultant shall provide and install suitable safeguards, approv ed by the
City, to protect City property from injury or damage. If City property is injured or damaged resulting from the
Consultant's operations, it shall be replaced or restored at the Consultant's expense. The facilities shall be
replaced or restored to a condition as good as when the Consultant began work.
20. 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 purs uant to the Immigration
Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work
hereunder.
21. 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.
22. 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 accurac y 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 determ ined 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 shal l 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 herein before 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.
23. 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.
24. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from
other consultants during the contract term.
25. Standards. Documents shall conform to City Standards and City furnished templates shall be used.
26. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and signed by the
Consultant where required.
27. 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 suc h 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.
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
3 copies of the 90% plans, specifications and estimate plus 50% markups
1 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
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 reproducti on AND one electronic copy
submitted in Adobe Acrobat format including all original stamps and signatures
In the event the City will be compiling the final specifications, incorporating the Consultant’s work, the final
specifications will also be required to be submitted in Microsoft Word format.
In the event the City will be completing the Record Drawings, the final plans will also be required to be submitted
in AutoCAD
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Electronic files shall be submitted on CD and all files must be compatible with the Microsoft operating system.
Each CD must be clearly labeled and have a printed copy of the directory. Files may be emailed to the City in
lieu of putting them on CD.
28. Ownership of Materials. Upon completion of all work under this contract, ownership and title to all reports,
documents, plans, specifications, and estim ates 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.
29. 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 organi zation 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 revi ew of the contents thereof by the City
and receipt of the City’s written permission.
30. 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.
31. Attendance at Meetings And Hearings. As part of the workscope and included in the contract price is
attendance by the Consultant at up to 1 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.
32. 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.
33. 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.
34. 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.
35. 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 def iciencies, 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
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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.
36. Payment Terms. The City's payment terms are 30 days from the receipt and approval by the City of an original
invoice and acceptance by the City of the materials, supplies, equipment or services provided by the Consultant
(Net 30).
37. 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.
38. 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” when project work is for a federally funded
project. 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 make a determination on a project by project basis for reasonably expected DBE
participation to compete for the sub-consulting opportunities in this agreement. The Consultant is responsible to
be fully informed regarding the requirements of 49 CFR, Part 26
The Consultant shall notify the City of any changes to its anticipated DBE participation on federally funded
projects, 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.
39. Agreement Parties.
City: Hai Nguyen
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Consultant:
All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or
certified mail addressed as shown above.
40. Incorporation by Reference. City Request for Qualifications Specification No. 5009.2019.CE and Consultant's
proposal dated xx/xx/xxxx, are hereby incorporated in and made a part of this Agreement.
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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 City Engineer.
42. Working Out of Scope. If, at any time during the project, the consultant is directed to do work by persons other
than the City Project Manager and the Consultant believes that the work is outside of the scope of the original
contract, the Consultant shall inform the Project Manager immediately. If the Project Manager and Consultant
both agree that the work is outside of the project scope and is necessary to the successful completion of the
project, then a fee will be established for such work based on Consultant's hourly billing rates or a lump sum price
agreed upon between the City and the Consultant. Any extra work performed by Consultant without prior written
approval from the City Project Manager shall be at Consultant's 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.
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
By: ___________________________________
Derek Johnson, City Manager Name of CAO/President
Its: CAO/President
APPROVED AS TO FORM:
___________________________________
Christine Dietrick, City Attorney
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Section E
PROPOSAL SUBMITTAL FORMS
ACKNOWLEDGEMENT
The undersigned declares that she or he:
▪ Has carefully examined Specification No. 5009.2019.CE
▪ Is thoroughly familiar with its content
▪ Is authorized to represent the proposing firm; and
▪ Agrees to perform the work as set forth in the specification and this proposal.
Firm Name and Address:
Contact Name:
Email:
Fax: Phone:
Signature of Authorized Representative:
Date:
INSURANCE CERTIFICATE
Insurance Company’s A.M. Best Rating
Certificate of insurance attached
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STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The Consultant shall state whether it or any of its officers or employees who have a proprietary interest in it, has
ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or loc al
government project because of the violation of law, a safety regulation, or for any other reason, including but not
limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the
circumstances.
Do you have any disqualification as described in the above paragraph to declare? Yes No
If yes, explain the circumstances.
Executed on ______________________at _______________________________________ under penalty of
perjury of the laws of the State of California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Consultant Representative
REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under the
present business name: _________
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services
included with the scope of the specifications. Attach additional pages if required. The City reserves the right to
contact each of the references listed for additional information regarding your firm's qualifications.
Reference No. 1
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
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Reference No. 2
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
Reference No. 3
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
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Section F
INSURANCE REQUIREMENTS: Consultant Services
The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work hereunder
by the Consultant, its agents, representatives, employees or sub-consultants.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 20 10 Prior to 1993 or
CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as determined by the City).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability or other form with a general aggregate limit is used, either the genera l aggregate
limit shall apply separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and
approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed
to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Consultant; products and completed operations
of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired
or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, official, employees, agents or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self -insurance
maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the
Consultant's insurance and shall not contribute with it.
3. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended,
voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the City. The Consultant agrees to notify
the City in the event that the policy is suspended, voided or reduced in coverage or limits. A minimum of 30
days prior written notice by certified mail, return receipt requested, will be provided.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A:VII.
Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of
the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage
required by this clause must also be provided. The endorsements are to be sig ned by a person authorized by that
insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work
commences.
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Section G
APPENDICES
Appendix 1: Federally Funded Contract Forms
Caltrans Local Assistance Procedures Manual requires the Consultant and the City to complete reporting forms for
Federally Funded Contracts on a project-by-project basis.
At the time of federal project initiation, the Consultant will be required to furnish information to the City in order for the
City to complete the require Local Agency Forms. The Consultant must complete and furnish to the City the forms
required to be completed by the Consultant prior to the issuance of the project Purchase Order.
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 10-R: A&E Sample Contract Language
11. Exhibit 10-S: Consultant Performance Evaluation
12. Exhibit 10-T: Panel Member Conflict of Interest & Confidentiality Statement
13. Exhibit 10-U: Consultant in Management Position Conflict of Interest Statement
14. Exhibit 17-F: Final Utilization Report (to be completed at Project Completion)
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Notice Requesting Qualifications for Architectural Design Services
Specification No. 5009.2019.AD
The City of San Luis Obispo is requesting sealed proposals from interested consultants to provide for Architectural
Design Services required for City projects pursuant to Specification No. 5009.2019.AD. 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 four years.
Description of Services:
In general, needed services consist of architecture design and facility study services related to the City’s Capital
Improvement Plan or other City projects. The selected consultants will prepare master planning documents along
with high quality construction plans and specifications, in accordance with the contract documents and City
requirements and standards. The City is currently interested in consultants with public facility and public safety
facility master planning, assessment and design experience.
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 July 18, 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 following:
• RFQ title
• Specification number
• Consultant name
• Time and date of the proposal opening
Proposals shall be submitted using the forms provided in the specification package.
Obtaining a Specification Package
▪ Download from the City’s Web site www.slocity.org - Doing Business / Bids & Proposals page.
▪ Pick up a copy of the RFQ at the above address
A list of companies that have requested a copy of the proposal is maintained on the web page.
Questions
Contact Shelsie Kloepper at (805) 783-7735 or skloepper@slocity.org with any questions regarding this Request for
Qualifications.
Disadvantaged Business Participation
DBE and other small businesses as defined in Title 49 CFR 26, are encouraged to participate in the performance of
agreements financed in whole or in part with federal funds.
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Specification No. 5009.2019.AD
TABLE OF CONTENTS
DESCRIPTION OF WORK ........................................................................................................................................... 3
GENERAL TERMS AND CONDITIONS ....................................................................................................................... 5
PROPOSAL CONTENT AND SELECTION PROCESS ............................................................................................... 7
PROPOSAL CONTENT ........................................................................................................................................... 7
PROPOSAL EVALUATION AND CONSULTANT SELECTION .............................................................................. 7
FORM OF AGREEMENT .............................................................................................................................................. 9
PROPOSAL SUBMITTAL FORMS ............................................................................................................................. 16
ACKNOWLEDGEMENT ......................................................................................................................................... 16
INSURANCE CERTIFICATE .................................................................................................................................. 16
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS ............................................................................... 17
REFERENCES ....................................................................................................................................................... 17
INSURANCE REQUIREMENTS: Consultant Services ............................................................................................. 19
APPENDICES ............................................................................................................................................................. 20
Appendix 1: Federally Funded Contract Forms ...................................................................................................... 20
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Section A
DESCRIPTION OF WORK
The City is looking for consultants interested in working with the City to deliver the City’s Capital Improvement
Program, in the work area of Architectural planning and design.
Background:
The City is requesting qualifications from consultants to provide architectural planning and design 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 municipal and public safety facility design and planning to draw from as
needed. Consultants should expect architectural design services will be required to help facilitate the City’s Capital
Improvement Plan work. The City’s existing Capital Improvement Plan may be found on the City’s website:
https://www.slocity.org/Home/ShowDocument?id=15625
Staff anticipates that the 2019-21 Capital Improvement Plan will be similar in variety and scope to the 2017-19
Plan. The successful consultants will be expected to perform the types of services outlined in this request.
Workscope – Architectural Design:
The City is looking for consultants who specialize in the design of public facilities and public safety facilities.
Architectural firms without public safety facility experience will still be considered as well as architectural firms who
only specialize in public safety facilities.
The consultant(s) selected will be responsible to perform the necessary work to deliver study documents and high
quality biddable plans and specifications for construction, consistent with current policies and procedures. The
prime consultant will be responsible to obtain, oversee, and be responsible for work products for ancillary services,
such as electrical and mechanical, as part of their work.
The outline below is meant to clarify the consultant’s role, but not be an all-inclusive list of every task needed to
achieve the work product. A City staff person will be assigned as your contact for each individual project.
1. Attend scoping meeting with project proponent.
2. Submit a detailed workscope including:
a. list of key work items
b. schedule which includes required turn-around times for City staff input and products
c. list of any sub-consultants needed for the work
d. cost proposal which is subject to negotiation
3. Obtain information by:
a. completing research of City archives of record drawings,
b. contacting affected utility companies,
c. performing facility investigation,
d. researching code requirements
e. any other record searches required to complete the work.
4. Complete preliminary reports, such as building assessments, if required in project scope.
5. Engage in public review process as required in the workscope.
6. Insure the plans are compliant with the California Building Codes.
7. Prepare and submit initial 50% draft plans, specifications, and construction estimate for City review and
comment. Address comments.
8. Prepare and submit 90% draft plans, specifications, and construction estimate for City review and
comment. Address comments.
9. Prepare and submit 100% draft plans, specifications, and construction estimate for City review and
comment
10. Submit plans to the Building Division for building permits, addressing comments and resubmitting as
needed.
11. Prepare and submit completed approved bid package including plans, specifications and construction
estimates signed and stamped by the professional of record.
12. Receive red line plans after construction work is complete and prepare record plans and submit to City.
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13. Plans must be completed using AutoCAD software and compliant with City Engineering Standards
Appendix F, including:
a. borders
b. layer name
c. layer color
d. layer line weight
City Staff will typically complete, or manage through others, the following items:
1. Obtain the environmental document.
2. Pay all permit fees.
3. Obtain permits for creek-related work from regulatory agencies.
4. Complete staff reports for approval.
5. Advertise and award construction contracts.
6. Provide construction management.
This work may be assigned to the consultant depending upon consultant’s capabilities, available City staffing and
available funding.
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Section B
GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (Consultant) shall meet all
of the terms, and conditions of the Request for Qualifications (RFQ) specifications package. By virtue of its
proposal submittal, the Consultant acknowledges agreement with and acceptance of all provisions of the RF Q
specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and
accompanied by any other required submittals or supplemental materials. Proposal documents shall be
enclosed in an envelope that shall be sealed and addressed to the Public Works Department, City of San Luis
Obispo, 919 Palm Street, San Luis Obispo, CA, 93401. Each proposal submittal shall include one electronic
copy of the proposal, submitted in Adobe Acrobat format on CD or flash drive. In order to guard against
premature opening, the proposal should be clearly labeled with the proposal title, specification number, name of
Consultant, and date and time of proposal opening. No FAX submittals will be accepted.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the Consultant’s insurance coverage
during proposal evaluation; as discussed under paragraph 13 below, endorsements are not required until
contract award. The City’s insurance requirements are detailed in Section F.
4. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form
provided in the RFQ package.
5. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past
government disqualifications on the form provided in the RFQ package.
6. Proposal Withdrawal and Opening. A Consultant may withdraw its proposal, without prejudice prior to the
time specified for the proposal opening, by submitting a written request to the City Engineer for its withdrawal,
in which event the proposal will be returned to the Consultant unopened. No proposal received after the time
specified or at any place other than that stated in the "Notice Requesting Qualifications" will be considered. All
proposals will be opened and declared publicly. Consultants or their representatives are invited to be present
at the opening of the proposals.
7. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file,
or to be interested in more than one proposal, except an alternative proposal when specifically requested;
however, an individual or business entity that has submitted a sub-proposal to a Consultant submitting a
proposal, or who has quoted prices on materials to such Consultant, is not thereby disqualified from submitting
a sub-proposal or from quoting prices to other Consultants submitting proposals.
8. Communications. All timely requests for information submitted in writing will receive a written response from
the City. Telephone communications with City staff are not encouraged, but will be permitted. However, any
such oral communication shall not be binding on the City.
9. Alternative Proposals. When specifically requested, the proposer may submit an alternative proposal (or
proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the
proposer must provide an analysis of the advantages and disadvantages of each of the alternatives, and
discuss under what circumstances the City would prefer one alternative to the other(s). If an alternative
proposal is submitted, the maximum length of the proposal may be expanded proportionately by the number of
alternatives submitted.
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CONTRACT AWARD AND EXECUTION
10. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for
examination and comparison. The City also reserves the right to waive non substantial irregularities in any
proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to
the extent that proposals are qualified by specific limitations. See the "Special Terms and Conditions" in
Section C of these specifications for proposal evaluation and contract award criteria.
11. Competency and Responsibility of Consultant. The City reserves full discretion to determine the
competence and responsibility, professionally and/or financially, of Consultants. Consultants will provide, in a
timely manner, all information that the City deems necessary to make such a decision.
12. Contract Requirement. The Consultant to whom award is made (Consultant) shall execute a written contract
with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address
given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these
specifications.
13. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages and
amounts specified in Section F of these specifications within 10 (ten) calendar days after notice of contract
award as a precondition to contract execution.
14. Business License & Tax. The Consultant must have a valid City of San Luis Obispo business license and tax
certificate before execution of the contract. Additiona l information regarding the City's business license and tax
program may be obtained by calling (805) 781-7134.
15. Failure to Accept Contract. The following will occur if the Consultant to whom the award is made
(Consultant) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in
accordance with the special terms and conditions if a Consultant's bond or security is required; and an award
may be made to the next highest ranked Consultant with whom a responsible compensation is negotiated, who
shall fulfill every stipulation as if it were the party to whom the first award was made.
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Section C
PROPOSAL CONTENT AND SELECTION PROCESS
PROPOSAL CONTENT
1. Submittal Forms
a. Acknowledgement
b. Certificate of Insurance
c. References
d. Statement of Past Disqualifications
2. Qualifications
a. Experience of your firm in performing architectural work for government facilities, including essential
service buildings related to police and fire operations, tenant improvements, any other qualifications or
specialties which you make your firm well-suited in assisting the City.
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 work on schedule.
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. Qualification proposals should be the minimum length to provide the required information. Charts and
other short form approaches to conveying information are encouraged.
b. Three copies of the proposal must be submitted.
c. One 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:
5. Written Proposal Review/Finalist Candidate Selection
Evaluation of the qualification proposals will be based on the following qualifications:
1. Understanding of the work involved in completing architectural work
2. Demonstrated competence, professional qualifications of proposed staff
3. Recent experience in successfully performing services desired by the City (public safety facility design,
tenant improvements, etc.)
4. Ability to respond quickly to work requests
Qualification proposals will be reviewed by a selection committee and ranked in accordance with the above
criteria. Where one or more qualification proposals are rated consistently higher than others, the consultant s
may be selected as the top ranked consultants for purposes of contract negotiation.
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Alternatively, a group of finalist candidates (generally the top 3 to 5 five proposers) may be selected for follow -
up interviews and presentations, or requests for additional clarifying information, before the final top ranked
consultants for contract negotiation are determined.
6. Proposal Review and Award Schedule
The following is an outline of the anticipated schedule for proposal review and contract award:
Issue RFQ ........................................................ June 20, 2019
Receive qualification proposals .......................... July 18, 2019
Complete proposal evaluation ....................... August 22, 2019
Award contract ........................................ September 19, 2019
Execute contract ............................................ October 3, 2019
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Section D
FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by and
between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and
[CONSULTANT’S NAME IN CAPITAL LETTERS], hereinafter referred to as Consultant.
W I T N E S S E T H
WHEREAS, on [date], requested proposals for Architectural Design Services per Specification No. 5009-
2019-AD.
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. Contract Term for On-Call Service Contracts. The services identified in this specification will be contracted
by the City for four years. Actual work may extend beyond the final date.
3. Cost Increases for On-Call Service Contracts and Contract Extension. Labor rates during the contract
term may be increased on an annual basis to reflect projected increases in labor costs and overhead provided
those increases are incorporated into the Proposal.
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 rates and overhead provided the City is notifie d
and those increases are incorporated into the extension.
4. 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.
5. 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 th ereafter 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 Con sultant's surety
shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the
termination thereof.
In said event, the Consultant shall be entitled to the reasonable value of its services performed from the
beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any
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offset from such payment representing the City's damages from such breach. "Reasonable value" includes
fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by
the Consultant as may be set forth in the Agreement payment schedule; compensation for any other work,
services or goods performed or provided by the Consultant shall be based solely o n 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.
The City also reserves the right to terminate the contract for convenience, providing a 30 (thirty) calendar day
notice, at any time upon a determination by the Director that termination of the contract is in the best interest of
the City. In this case the Consultant will be paid compensation due and payable to the date of termination.
6. 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.
7. 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.
8. 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.
9. 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.
10. Record Retention and Audit. For the purpose of determining compliance with various laws and regulations
as well as performance of the contract, the Consultant and sub-consultants shall maintain all books,
documents, papers, accounting records and other evidence pertaining to the performance of the contract,
including but not limited to the cost of administering the contract. Materials shall be made available at their
respective offices at all reasonable times during the contract period and for three years from t he 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.
11. 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 In terest
Statement where determined necessary by the City.
The Consultant covenants that it presently has no interest, and shall not acquire any interest —direct, indirect or
otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The
Consultant further covenants that, in the performance of this work, no sub-consultant or person having such an
interest shall be employed. The Consultant certifies that no one who has or will have any financial interest in
performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the
performance of the work hereunder, the Consultant shall at all times be deemed an independent Consultant
and not an agent or employee of the City.
12. 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
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City employee. For breach or violation of the warranty, the City shall have the right in its discretion; to
terminate the contract without liability; to pay only for the value of the work actually performed; to deduct from
the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
13. 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, percentag e, brokerage, or contingent
fee.
14. 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 include s 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.
15. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Consultant is
required to pay.
16. Permits, Licenses and Filing Fees. The Consultant shall procure all permits and licenses, pay all charges
and fees, and file all notices as they pertain to the completion of the Consultant’s work. The City will pay all
application fees for permits required for the completion of the project including building and regulatory permit
application fees. Consultant will provide a 10 day notice for the City to issue a check.
17. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established
by OSHA and the California Division of Industrial Safety.
18. 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.
19. Preservation of City Property. The Consultant shall provide and install suitable safeguards, approved by the
City, to protect City property from injury or damage. If City property is injured or damaged resulting from the
Consultant's operations, it shall be replaced or restored at the Consultant's expense. The facilities shall be
replaced or restored to a condition as good as when the Consultant began work.
20. 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 pu rsuant to the Immigration
Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work
hereunder.
21. 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.
22. 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 accurac y 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 determ ined 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 shal l be considered
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patent if it is of such a nature that the Consultant, assuming reasonable skill, ability and diligence on its part,
knew or should have known of the existence of the ambiguity or defect. Furthermore, failure of the Consultant
or sub-consultants to notify City in writing of specification defects or ambiguities prior to proposal submittal shall
waive any right to assert said defects or ambiguities subsequent to submittal of the proposal.
To the extent that 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 describ ed
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.
23. 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 .
24. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from
other consultants during the contract term.
25. Standards. Documents shall conform to City Standards and City furnished templates shall be used.
26. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and signed by the
Consultant where required.
27. 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 t he 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.
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
Draft reports and plan submittals shall be submitted as paper copies.
Final documents shall be submitted as camera-ready original, unbound, each page printed on only one side,
including any original graphics in place and scaled to size, ready for reproduction AND one electronic copy
submitted in Adobe Acrobat format including all original stamps and signatures
In the event the City will be compiling the final specifications, incorporating the Consultant’s work, the final
specifications will also be required to be submitted in Microsoft Word format.
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In the event the City will be completing the Record Drawings, the final plans will also be required to be
submitted in AutoCAD
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.
28. 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.
29. 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 t he 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 c ontents thereof by the City
and receipt of the City’s written permission.
30. 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.
31. Attendance at Meetings And Hearings. As part of the workscope and included in the contract price is
attendance by the Consultant at up to 3 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.
32. 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.
33. 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.
34. 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.
35. 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.
For on-call services, the City will pay and the Consultant shall receive compensation as agreed to on a project
by project basis.
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The Consultant shall be reimbursed for hours worked at the hourly rates attached to this agreement. Hourly
rates include direct salary costs, employee benefits, overhead and fee. In addition, the Consultant shall be
reimbursed for direct costs other than salary and vehicle cost that have been identified and are attached to this
agreement. The Consultant’s personnel shall be reimbursed for per diem expenses at a rate not to exceed that
currently authorized for State employees under State Department of Personnel Administration rules.
36. Payment Terms. The City's payment terms are 30 days from the receipt and approval by the City of an
original invoice and acceptance by the City of the materials, supplies, equipment or services provided by the
Consultant (Net 30).
37. 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 dec ided 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.
38. 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” when project work is for a federally funded
project. 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 make a determination on a project by project basis for reasonably expected DBE
participation to compete for the sub-consulting opportunities in this agreement. The Consultant is responsible
to be fully informed regarding the requirements of 49 CFR, Part 26. Participation of DBE’s in the specified
percentage is not a condition of award.
The Consultant shall notify the City of any changes to its anticipated DBE participation on federally funded
projects, 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 an d 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.
39. Agreement Parties.
City: Shelsie Kloepper
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.
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40. Incorporation by Reference. City Request for Qualifications Specification No. 5009.2019.AD and
Consultant's proposal dated xx/xx/xxxx, 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 Cit y Engineer.
42. Working Out of Scope. If, at any time during the project, the consultant is directed to do work by persons
other than the City Project Manager and the Consultant believes that the work is outside of the scope of the
original contract, the Consultant shall inform the Project Manager immediately. If the Project Manager and
Consultant both agree that the work is outside of the project scope and is necessary to the successful
completion of the project, then a fee will be established for such work based on Consultant's hourly billing rates
or a lump sum price agreed upon between the City and the Consultant. Any extra work performed by
Consultant without prior written approval from the City Project Manager shall be at Consultant's 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.
Authority to Execute Agreement. Both City and Consultant do covenant that each individual executing t his
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
By: ___________________________________
Derek Johnson, City Manager Name of CAO/President
Its: CAO/President
APPROVED AS TO FORM:
___________________________________
Christine Dietrick, City Attorney
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Section E
PROPOSAL SUBMITTAL FORMS
ACKNOWLEDGEMENT
The undersigned declares that she or he:
▪ Has carefully examined Specification No. 5009.2019.AD
▪ Is thoroughly familiar with its content
▪ Is authorized to represent the proposing firm; and
▪ Agrees to perform the work as set forth in the specification and this proposal.
Firm Name and Address:
Contact Name:
Email:
Fax: Phone:
Signature of Authorized Representative:
Date:
INSURANCE CERTIFICATE
Insurance Company’s A.M. Best Rating
Certificate of insurance attached
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STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The Consultant shall state whether it or any of its officers or employees who have a proprietary interest in it, has
ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local
government project because of the violation of law, a safety regulation, or for any other reason, including but not
limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the
circumstances.
Do you have any disqualification as described in the above paragraph to declare? Yes No
If yes, explain the circumstances.
Executed on ______________________at _______________________________________ under penalty of
perjury of the laws of the State of California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Consultant Representative
REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under the
present business name: _________
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services
included with the scope of the specifications. Attach additional pages if required. The City reserves the right to
contact each of the references listed for additional information regarding your firm's qualifications.
Reference No. 1
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
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Reference No. 2
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
Reference No. 3
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
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Section F
INSURANCE REQUIREMENTS: Consultant Services
The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work hereunder
by the Consultant, its agents, representatives, employees or sub-consultants.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 20 10 Prior to 1993 or
CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as determined by the City).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injur y and property damage. If
Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate
limit shall apply separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and
approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed
to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Consultant; products and completed operations
of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired
or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, official, employees, agents or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the
Consultant's insurance and shall not contribute with it.
3. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended,
voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the City. The Consultant agrees to notify
the City in the event that the policy is suspended, voided or reduced in coverage or limits. A minimum of 30
days prior written notice by certified mail, return receipt requested, will be provided.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A:VII.
Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of
the required insurance coverage. Original endorsements effecting general liability and automobile liabilit y coverage
required by this clause must also be provided. The endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work
commences.
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Section G
APPENDICES
Appendix 1: Federally Funded Contract Forms
Caltrans Local Assistance Procedures Manual requires the Consultant and the City to complete reporting forms for
Federally Funded Contracts on a project-by-project basis.
At the time of federal project initiation, the Consultant will be required to furn ish information to the City in order for
the City to complete the require Local Agency Forms. The Consultant must complete and furnish to the City the
forms required to be completed by the Consultant prior to the issuance of the project Purchase Order.
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 10-R: A&E Sample Contract Language
11. Exhibit 10-S: Consultant Performance Evaluation
12. Exhibit 10-T: Panel Member Conflict of Interest & Confidentiality Statement
13. Exhibit 10-U: Consultant in Management Position Conflict of Interest Statement
14. Exhibit 17-F: Final Utilization Report (to be completed at Project Completion)
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Notice Requesting Qualifications for Land Surveying Services
Specification No. 5009.2019.LS
The City of San Luis Obispo is requesting sealed proposals from inter ested consultants to provide Surveying
Services required for City capital improvement projects pursuant to Specification No.5009.2019.LS. 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 four years.
Description of Services:
In general, required services shall consist of various land surveying 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 July 18, 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 following:
• RFQ title
• Specification number
• Consultant name
• Time and date of the proposal opening
Proposals shall be submitted using the forms provided in the specification package.
Obtaining a Specification Package
▪ Download from the City’s Web site www.slocity.org - Doing Business / Bids & Proposals page.
▪ Pick up a copy of the RFQ at the above address
A list of companies that have requested a copy of the proposal is maintained on the web page.
Questions
Contact Richard Burde at (805) 781-7193 or rburde@slocity.org with any questions regarding this Request for
Qualifications.
Disadvantaged Business Participation
DBE and other small businesses as defined in Title 49 CFR 26, are encouraged to participate in the performance of
agreements financed in whole or in part with federal funds.
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Specification No. 5009.2019.LS
TABLE OF CONTENTS
DESCRIPTION OF WORK ........................................................................................................................................... 3
GENERAL TERMS AND CONDITIONS ....................................................................................................................... 5
PROPOSAL CONTENT AND SELECTION PROCESS ............................................................................................... 7
PROPOSAL CONTENT ........................................................................................................................................... 7
PROPOSAL EVALUATION AND CONSULTANT SELECTION .............................................................................. 7
FORM OF AGREEMENT .............................................................................................................................................. 9
PROPOSAL SUBMITTAL FORMS ............................................................................................................................. 16
ACKNOWLEDGEMENT ......................................................................................................................................... 16
INSURANCE CERTIFICATE .................................................................................................................................. 16
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS ............................................................................... 17
REFERENCES ....................................................................................................................................................... 17
INSURANCE REQUIREMENTS: Consultant Services ............................................................................................. 19
APPENDICES ............................................................................................................................................................. 20
Appendix 1: Federally Funded Contract Forms ...................................................................................................... 20
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Section A
DESCRIPTION OF WORK
General
The City is requesting qualifications from qualified consultants to provide on-call land surveying 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 ne eded. While the exact list of the City’s future land
surveying needs is unknown at this time, consultants should expect land survey services will be required to help
facilitate the City’s Capital Improvement Plan work. The City’s existing Capital Improve ment Plan may be found on
the City’s website:
https://www.slocity.org/Home/ShowDocument?id=15625
Staff anticipates that the 2019-21 Capital Improvement Plan will be similar in variety and scope to the 2017-19
Plan. The successful consultants will be expected to perform the types of services outlined in this request.
Scope of Consultant Services
The City is looking for qualified consultants to perform land survey work. The bulk of the work would be comprised
of:
1. topographic surveys used for the design of Capital Improvement Plan projects
2. replacement of vertical and horizontal control monuments
3. staking of easements and property lines
4. review of proposed Tract Maps
5. record / title report search
Topographic survey work must be submitted to the City in:
1. Portable Document Format (PDF)
2. AutoCAD Civil 3D including all necessary files and directories
3. one paper document of topographic work
AutoCAD files must use City standard:
1. borders
2. layer name
3. layer color
4. layer line weight
in compliance with Engineering Standards Appendix F.
Occasionally, control monuments are destroyed or disturbed and need to be reset. When vertical controls need to
be reset, the new vertical control monument may be set in compliance with Engineering Standard 1010 – Section E
– Vertical Control (Benchmarks).
When establishing horizontal control monuments, the consultant must complete the necessary research which may
include:
1. map
2. legal descriptions
3. deed
4. corner record
Reset horizontal control monuments must be established on the:
1. centerlines of right-of-way
2. property corners
A corner record must be filed with the County and a copy delivered to the City as part of the work. All work must be
in compliance with Engineering Standard 1010 – Section E.
Project Proposals
As land surveying needs arise within the City, the City will request the consultant to provide a proposal of work and
cost estimate for individual service. The City reserves the right to negotiate the proposed work scope and amount
of compensation on an individual service basis. Payment of prevailing wages is required and copies of payment
records must be submitted to the City upon request.
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The consultant must correct any errors or omissions to work at no additional cost to the City.
Time constraints are selection factors on individual service request. The consultant must start work within two
weeks from receipt of a written authorization to proceed unless an alternate timeframe has been agreed upon. The
City expects the work to be actively pursued until complete.
Vertical and Horizontal controls for this work must be based on the City’s vertical an d horizontal control networks.
Information concerning these control networks can be found on the City’s website:
http://www.slocity.org/government/department-directory/public-works/documents-online
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Section B
GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (Consultant) shall meet all
of the terms, and conditions of the Request for Qualifications (RFQ) specifications package. By virtue of its
proposal submittal, the Consultant acknowledges agreement with and ac ceptance of all provisions of the RFQ
specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and
accompanied by any other required submittals or supplemental materials. Proposal documents shall be
enclosed in an envelope that shall be sealed and addressed to the Public Works Department, City of San Luis
Obispo, 919 Palm Street, San Luis Obispo, CA, 93401. Each proposal submittal shall include one electronic
copy of the proposal, submitted in Adobe Acrobat format on CD or flash drive. In order to guard against
premature opening, the proposal should be clearly labeled with the proposal title, specification number, name of
Consultant, and date and time of proposal opening. No FAX submittals will be accepted.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the Consultant’s insurance coverage
during proposal evaluation; as discussed under paragraph 13 below, endorsements are not required until
contract award. The City’s insurance requirements are detailed in Section F.
4. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form
provided in the RFQ package.
5. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past
government disqualifications on the form provided in the RFQ package.
6. Proposal Withdrawal and Opening. A Consultant may withdraw its proposal, without prejudice prior to the
time specified for the proposal opening, by submitting a written request to the City Engineer for its withdrawal,
in which event the proposal will be returned to the Consultant unopened. No proposal received after the time
specified or at any place other than that stated in the "Notice Requesting Qualifications" will be considered. All
proposals will be opened and declared publicly. Consultants or their representatives are invited to be present
at the opening of the proposals.
7. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file,
or to be interested in more than one proposal, except an alternative proposal when specifically requested;
however, an individual or business entity that has submitted a sub-proposal to a Consultant submitting a
proposal, or who has quoted prices on materials to such Consultant, is not thereby disqualified from submitting
a sub-proposal or from quoting prices to other Consultants submitting proposals.
8. Communications. All timely requests for information submitted in writing will receive a written response from
the City. Telephone communications with City staff are not encouraged, but will be permitted. However, any
such oral communication shall not be binding on the City.
9. Alternative Proposals. When specifically requested, the proposer may submit an alternative p roposal (or
proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the
proposer must provide an analysis of the advantages and disadvantages of each of the alternatives, and
discuss under what circumstances the City would prefer one alternative to the other(s). If an alternative
proposal is submitted, the maximum length of the proposal may be expanded proportionately by the number of
alternatives submitted.
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CONTRACT AWARD AND EXECUTION
10. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for
examination and comparison. The City also reserves the right to waive non substantial irregularities in any
proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to
the extent that proposals are qualified by specific limitations. See the "Special Terms and Conditions" in
Section C of these specifications for proposal evaluation and contract award criteria.
11. Competency and Responsibility of Consultant. The City reserves full discretion to determine the
competence and responsibility, professionally and/or financially, of Consultants. Consultants will provide, in a
timely manner, all information that the City deems necessary to make such a decision.
12. Contract Requirement. The Consultant to whom award is made (Consultant) shall execute a written contract
with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address
given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these
specifications.
13. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages and
amounts specified in Section F of these specifications within 10 (ten) calendar days after notice of contract
award as a precondition to contract execution.
14. Business License & Tax. The Consultant must have a valid City of San Luis Obispo business licens e and tax
certificate before execution of the contract. Additional information regarding the City's business license and tax
program may be obtained by calling (805) 781-7134.
15. Failure to Accept Contract. The following will occur if the Consultant to whom the award is made
(Consultant) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in
accordance with the special terms and conditions if a Consultant's bond or security is required; and an award
may be made to the next highest ranked Consultant with whom a responsible compensation is negotiated, who
shall fulfill every stipulation as if it were the party to whom the first award was made.
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Section C
PROPOSAL CONTENT AND SELECTION PROCESS
PROPOSAL CONTENT
1. Submittal Forms
a. Acknowledgement
b. Certificate of Insurance
c. References
d. Statement of Past Disqualifications
2. Qualifications
a. Experience of your firm in performing land surveying, filing of official maps and records, any other
qualifications or specialties which you make your firm well-suited in assisting the City in survey 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 work on schedule.
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. 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:
5. Written Proposal Review/Finalist Candidate Selection
Evaluation of the qualification proposals will be based on the following qualifications:
1. Understanding of the work involved in completing survey work .
2. Demonstrated competence, professional qualifications of proposed staff .
3. Recent experience in successfully performing similar services .
4. Ability to respond quickly to work requests.
Qualification proposals will be reviewed by a selection committee and ranked in accordance with the above
criteria. Where one or more qualification proposals are rated consistently higher than others, the consultant s
may be selected as the top ranked consultants for purposes of contract negotiation.
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Alternatively, a group of finalist candidates (generally the top 3 to 5 five proposers) may be selected for follow -
up interviews and presentations, or requests for additional clarifying information, before the final top ranked
consultants for contract negotiation are determined.
6. Proposal Review and Award Schedule
The following is an outline of the anticipated schedule for proposal review and contract award:
Issue RFQ ........................................................ June 20, 2019
Receive qualification proposals .......................... July 18, 2019
Complete proposal evaluation ....................... August 22, 2019
Award contract ........................................ September 19, 2019
Execute contract ............................................ October 3, 2019
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Section D
FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by and
between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and
[CONSULTANT’S NAME IN CAPITAL LETTERS], hereinafter referred to as Consultant.
W I T N E S S E T H
WHEREAS, on [date], requested proposals for Land Surveying Services per Specification No.
5009.2019.LS.
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. Contract Term for On-Call Service Contracts. The services identified in this specification will be used by the
City between October 2019 and December 2023.
3. Cost Increases for On-Call Service Contracts and Contract Extension. Labor rates during the contract
term may be increased on an annual basis to reflect projected increases in l abor costs and overhead provided
those increases are incorporated into the Proposal.
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 r ates and overhead provided the City is notified
and those increases are incorporated into the extension.
4. 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.
5. 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 v alue of its services performed from the
beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any
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offset from such payment representing the City's damages from such breach. "Reasonable value" includes
fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by
the Consultant as may be set forth in the Agreement payment schedule; compensation for any other work,
services or goods performed or provided b y 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.
The City also reserves the right to terminate the contract for convenience, providing a 30 (thirty) calendar day
notice, at any time upon a determination by the Director that termination of the contract is in the best interest of
the City. In this case the Consultant will be paid compensation due and payable to the date of termination.
6. 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.
7. 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.
8. 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.
9. 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 ful fill its contract
requirements.
10. 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 co ntract 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 incl ude authorized
representatives of the State and Federal government. Copies shall be furnished if requested.
11. 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 Consult ant staff shall provide a Conflict of Interest
Statement where determined necessary by the City.
The Consultant covenants that it presently has no interest, and shall not acquire any interest —direct, indirect or
otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The
Consultant further covenants that, in the performance of this work, no sub -consultant or person having such an
interest shall be employed. The Consultant certifies that no one who has or will hav e 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.
12. 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
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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.
13. 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 c ontract 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.
14. 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 c onstruction, including
but not limited to, inspection and land surveying work.
15. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Consultant is
required to pay.
16. 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 bui lding and regulatory permit
application fees. Consultant will provide a 10 day notice for the City to issue a check.
17. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established
by OSHA and the California Division of Industrial Safety.
18. 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.
19. 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 faci lities shall be
replaced or restored to a condition as good as when the Consultant began work.
20. 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 authori zed 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.
21. 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.
22. 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 prepara tion 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
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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, fail ure 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 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. Fai lure 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 th e plans or
specifications concerning the dispute.
23. 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 claim s against the Consultant arise out of, pertain to, or
relate to the negligence, recklessness, or willful misconduct of the Consultant .
24. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from
other consultants during the contract term.
25. Standards. Documents shall conform to City Standards and City furnished templates shall be used.
26. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and signed by the
Consultant where required.
27. 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 u nless 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.
2 copies of the draft work products
1 copy of the final preliminary work products, plus markups
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
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.
28. 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
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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.
29. 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 pu blic 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.
30. 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 p rovide 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.
31. Attendance at Meetings And Hearings. Consultant shall attend as many "working" meetings with staff as
necessary in performing workscope tasks.
32. 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.
33. 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.
34. 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.
35. 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. Sh ould 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.
For on-call services, the City will pay and the Consultant shall receive compens ation 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 Consult ant 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.
36. Payment Terms. The City's payment terms are 30 days from the receipt and approval by the City of an
original invoice and acceptance by the City of the materials, supplies, equipment or services provided by the
Consultant (Net 30).
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37. 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.
38. 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” when project work is for a federally funded
project. 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 make a determination on a project by project basis for reasonably expected DBE
participation to compete for the sub-consulting opportunities in this agreement. The Consultant is responsible
to be fully informed regarding the requirements of 49 CFR, Part 26.
The Consultant shall notify the City of any changes to its anticipated DBE participation on federally funded
projects, 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.
39. Agreement Parties.
City: Richard Burde
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Consultant:
All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or
certified mail addressed as shown above.
40. Incorporation by Reference. City Request for Qualifications Specification No. 5009.2019.LS and
Consultant's proposal dated xx/xx/xxxx, 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 City Engineer.
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 billi ng rates
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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.
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.
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
By: ___________________________________
Derek Johnson, City Manager Name of CAO/President
Its: CAO/President
APPROVED AS TO FORM:
___________________________________
Christine Dietrick, City Attorney
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Section E
PROPOSAL SUBMITTAL FORMS
ACKNOWLEDGEMENT
The undersigned declares that she or he:
▪ Has carefully examined Specification No. 5009.2019.LS
▪ Is thoroughly familiar with its content
▪ Is authorized to represent the proposing firm; and
▪ Agrees to perform the work as set forth in the specification and this proposal.
Firm Name and Address:
Contact Name:
Email:
Fax: Phone:
Signature of Authorized Representative:
Date:
INSURANCE CERTIFICATE
Insurance Company’s A.M. Best Rating
Certificate of insurance attached
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STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The Consultant shall state whether it or any of its officers or employees who have a proprietary interest in it, has
ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local
government project because of the violation of law, a safety regulation, or for any other reason, including but not
limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the
circumstances.
Do you have any disqualification as described in the above paragraph to declare? Yes No
If yes, explain the circumstances.
Executed on ______________________at _______________________________________ under penalty of
perjury of the laws of the State of California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Consultant Representative
REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under the
present business name: _________
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services
included with the scope of the specifications. Attach additional pages if required. The City reserves the right to
contact each of the references listed for additional information regarding your firm's qualifications.
Reference No. 1
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
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Reference No. 2
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
Reference No. 3
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
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Section F
INSURANCE REQUIREMENTS: Consultant Services
The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work hereunder
by the Consultant, its agents, representatives, employees or sub-consultants.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 20 10 Prior to 1993 or
CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as determined by the City).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injur y and property damage. If
Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate
limit shall apply separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and
approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed
to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Consultant; products and completed operations
of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired
or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, official, employees, agents or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the
Consultant's insurance and shall not contribute with it.
3. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended,
voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the City. The Consultant agrees to notify
the City in the event that the policy is suspended, voided or reduced in coverage or limits. A minimum of 30
days prior written notice by certified mail, return receipt requested, will be provided.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A:VII.
Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of
the required insurance coverage. Original endorsements effecting general liability and automobile liabilit y coverage
required by this clause must also be provided. The endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work
commences.
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Section G
APPENDICES
Appendix 1: Federally Funded Contract Forms
Caltrans Local Assistance Procedures Manual requires the Consultant and the City to complete reporting forms for
Federally Funded Contracts on a project-by-project basis.
At the time of federal project initiation, the Consultant will be required to furn ish information to the City in order for
the City to complete the require Local Agency Forms. The Consultant must complete and furnish to the City the
forms required to be completed by the Consultant prior to the issuance of the project Purchase Order.
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 10-R: A&E Sample Contract Language
11. Exhibit 10-S: Consultant Performance Evaluation
12. Exhibit 10-T: Panel Member Conflict of Interest & Confidentiality Statement
13. Exhibit 10-U: Consultant in Management Position Conflict of Interest Statement
14. Exhibit 17-F: Final Utilization Report (to be completed at Project Completion)
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Notice Requesting Qualifications for Right-of-Way and Property Acquisition Services
Specification No. 5009.2019.ROW
The City of San Luis Obispo is requesting sealed proposals from interested consultants for Right of Way Acquisition
Services. These services are required for City projects pursuant to Specification No. 5009.2019.ROW. 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 four years.
Description of Services:
In general, required services shall consist of various property acquisition services related to the City’s Capital
Improvement Plan or other City projects to ensure projects have necessary property rights for construction of the
project and to provide other property information as needed.
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 July 18, 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 following:
• RFQ title
• Specification number
• Consultant name
• Time and date of the proposal opening
Proposals shall be submitted using the forms provided in the specification package.
Obtaining a Specification Package
▪ Download from the City’s Web site www.slocity.org - Doing Business / Bids & Proposals page.
▪ Pick up a copy of the RFQ at the above address
A list of companies that have requested a copy of the proposal is maintained on the web page.
Questions
Contact Brian Rodriguez at (805) 781-7226 or brodrigu@slocity.org with any questions regarding this Request for
Qualifications.
Disadvantaged Business Participation
DBE and other small businesses as defined in Title 49 CFR 26, are encouraged to participate in the performance of
agreements financed in whole or in part with federal funds.
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Specification No. 5009.2019.ROW
TABLE OF CONTENTS
DESCRIPTION OF WORK ........................................................................................................................................... 3
GENERAL TERMS AND CONDITIONS ....................................................................................................................... 4
PROPOSAL CONTENT AND SELECTION PROCESS ............................................................................................... 6
PROPOSAL CONTENT ........................................................................................................................................... 6
PROPOSAL EVALUATION AND CONSULTANT SELECTION .............................................................................. 6
FORM OF AGREEMENT .............................................................................................................................................. 8
PROPOSAL SUBMITTAL FORMS ............................................................................................................................. 15
ACKNOWLEDGEMENT ......................................................................................................................................... 15
INSURANCE CERTIFICATE .................................................................................................................................. 15
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS ............................................................................... 16
REFERENCES ....................................................................................................................................................... 16
INSURANCE REQUIREMENTS: Consultant Services ............................................................................................. 18
APPENDICES ............................................................................................................................................................. 19
Appendix 1: Federally Funded Contract Forms ...................................................................................................... 19
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Section A
DESCRIPTION OF WORK
The City is looking for consultants interested in working with the City to deliver the City’s Capital Improvement
Program, in the work area of Right-of-Way and Property Acquisition.
Background:
The City is requesting qualifications from qualified consultants to provide acquisition 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 acquisition services
is unknown at this time, consultants should expect acquisition services will be required to help facilitate the City’s
Capital Improvement Plan work. The City’s existing Capital Improvement Plan may be found on the City’s website:
https://www.slocity.org/Home/ShowDocument?id=15625
Staff anticipates that the 2019-21 Capital Improvement Plan will be similar in variety and scope to the 2017-19
Plan. The successful consultants will be expected to perform the types of services outlined in this request.
Workscope – Right-of-Way Acquisition:
Consultants should expect to perform acquisition services related to Capital Improvement Projects. Projects might
include required easement negotiation or property acquisitions needed for utility upgrades, storm drainage
improvements, bike path construction, or traffic circulation improvement projects.
Substantial acquisition, including the appraisal of property and relocation of businesses and/or residents may be
required on projects funded in part by Federal funds. Consultants may also assist with negotiations with Union Pacific
Railroad or other private parties for modifications to existing easem ents, and/or the purchase of non-City owned
property for a variety of uses.
The Consultant shall demonstrate the ability to carry out the duties associated with the acquisition process, including
conformance with federal laws. These duties may include, but are not limited to, property appraisal, negotiations and
relocation assistance of property owners and/or occupants, closings and settlements.
The Consultant may be asked to obtain Preliminary Title Reports and complete the necessary research where legal
descriptions of property lines are involved.
The consultants shall be expected to be able to render services on an “as-needed” basis.
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Section B
GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (Consultant) shall meet all
of the terms, and conditions of the Request for Qualifications (RFQ) specifications package. By virtue of its
proposal submittal, the Consultant acknowledges agreement with and ac ceptance of all provisions of the RFQ
specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and
accompanied by any other required submittals or supplemental materials. Proposal documents shall be
enclosed in an envelope that shall be sealed and addressed to the Public Works Department, City of San Luis
Obispo, 919 Palm Street, San Luis Obispo, CA, 93401. Each proposal submittal shall include one electronic
copy of the proposal, submitted in Adobe Acrobat format on CD or flash drive. In order to guard against
premature opening, the proposal should be clearly labeled with the proposal title, specification number, name of
Consultant, and date and time of proposal opening. No FAX submittals will be accepted.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the Consultant’s insurance coverage
during proposal evaluation; as discussed under paragraph 13 below, endorsements are not required until
contract award. The City’s insurance requirements are detailed in Section F.
4. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form
provided in the RFQ package.
5. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past
government disqualifications on the form provided in the RFQ package.
6. Proposal Withdrawal and Opening. A Consultant may withdraw its proposal, without prejudice prior to the
time specified for the proposal opening, by submitting a written request to the City Engineer for its withdrawal,
in which event the proposal will be returned to the Consultant unopened. No proposal received after the time
specified or at any place other than that stated in the "Notice Requesting Qualifications" will be considered. All
proposals will be opened and declared publicly. Consultants or their representatives are invited to be present
at the opening of the proposals.
7. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file,
or to be interested in more than one proposal, except an alternative proposal when specifically requested;
however, an individual or business entity that has submitted a sub-proposal to a Consultant submitting a
proposal, or who has quoted prices on materials to such Consultant, is not thereby disqualified from submitting
a sub-proposal or from quoting prices to other Consultants submitting proposals.
8. Communications. All timely requests for information submitted in writing will receive a written response from
the City. Telephone communications with City staff are not encouraged, but will be permitted. However, any
such oral communication shall not be binding on the City.
9. Alternative Proposals. When specifically requested, the proposer may submit an alternative propos al (or
proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the
proposer must provide an analysis of the advantages and disadvantages of each of the alternatives, and
discuss under what circumstances the City would prefer one alternative to the other(s). If an alternative
proposal is submitted, the maximum length of the proposal may be expanded proportionately by the number of
alternatives submitted.
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CONTRACT AWARD AND EXECUTION
10. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for
examination and comparison. The City also reserves the right to waive non substantial irregularities in any
proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to
the extent that proposals are qualified by specific limitations. See the "Special Terms and Conditions" in
Section C of these specifications for proposal evaluation and contract award criteria.
11. Competency and Responsibility of Consultant. The City reserves full discretion to determine the
competence and responsibility, professionally and/or financially, of Consultants. Consultants will provide, in a
timely manner, all information that the City deems necessary to make such a decision.
12. Contract Requirement. The Consultant to whom award is made (Consultant) shall execute a written contract
with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address
given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these
specifications.
13. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages and
amounts specified in Section F of these specifications within 10 (ten) calendar days after notice of contract
award as a precondition to contract execution.
14. Business License & Tax. The Consultant must have a valid City of San Luis Obispo business licens e and tax
certificate before execution of the contract. Additional information regarding the City's business license and tax
program may be obtained by calling (805) 781-7134.
15. Failure to Accept Contract. The following will occur if the Consultant to whom the award is made
(Consultant) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in
accordance with the special terms and conditions if a Consultant's bond or security is required; and an award
may be made to the next highest ranked Consultant with whom a responsible compensation is negotiated, who
shall fulfill every stipulation as if it were the party to whom the first award was made.
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Section C
PROPOSAL CONTENT AND SELECTION PROCESS
PROPOSAL CONTENT
1. Submittal Forms
a. Acknowledgement
b. Certificate of Insurance
c. References
d. Statement of Past Disqualifications
2. Qualifications
a. Experience of your firm in performing property acquisition work for government agencies, any other
qualifications or specialties which you make your firm well-suited in assisting the City in property acquisition
work.
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 work on schedule.
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. 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:
5. Written Proposal Review/Finalist Candidate Selection
Evaluation of the qualification proposals will be based on the following qualifications:
1. Understanding of the work involved in completing property acquisition work
2. Demonstrated competence, professional qualifications of proposed staff
3. Recent experience in successfully performing similar services
4. Ability to respond quickly to work requests
Qualification proposals will be reviewed by a selection committee and ranked in accordance with the above
criteria. Where one or more qualification proposals are rated consistently higher than others, the consultant s
may be selected as the top ranked consultants for purposes of contract negotiation.
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Alternatively, a group of finalist candidates (generally the top 3 to 5 five proposers) may be selected for follow -
up interviews and presentations, or requests for additional clarifying information, before the final top ranked
consultants for contract negotiation are determined.
6. Proposal Review and Award Schedule
The following is an outline of the anticipated schedule for proposal review and contract award:
Issue RFQ ........................................................ June 20, 2019
Receive qualification proposals .......................... July 18, 2019
Complete proposal evaluation ....................... August 22, 2019
Award contract ........................................ September 19, 2019
Execute contract .......................................... October 03, 2019
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Section D
FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by and
between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and
[CONSULTANT’S NAME IN CAPITAL LETTERS], hereinafter referred to as Consultant.
W I T N E S S E T H
WHEREAS, on [date], requested proposals for Right-of-Way and Property Acquisition Services per
Specification No. 5009.2019.ROW .
WHEREAS, pursuant to said request, Consultant submitted a proposal th at 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. Contract Term for On-Call Service Contracts. The services identified in this specification will be contracted
by the City for four year. Actual work may extend beyond the final date.
3. Cost Increases for On-Call Service Contracts and Contract Extension. Labor rates during the contract
term may be increased on an annual basis to reflect projected increases in labor costs and overhead provided
those increases are incorporated into the Proposal.
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 rates and overhead provided the City is notified
and those increases are incorporated into the extension.
4. 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 fa ilure 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.
5. Termination. If, during the term of the contract, the City determines that the Consultant is not f aithfully 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 writte n
notice to the Consultant to said effect. Thereafter, neither party shall have any further duties, obligations,
responsibilities, or rights under the contract except, however, any and all obligations of the Consultant's surety
shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the
termination thereof.
In said event, the Consultant shall be entitled to the reasonable value of its services performed from the
beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any
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offset from such payment representing the City's damages from such breach. "Reasonable value" includes
fees or charges for goods or services as of the last milestone or task satisfactoril y 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 a ccounting of
costs. In no event, however, shall the Consultant be entitled to receive in excess of the compensation quoted
in its proposal.
The City also reserves the right to terminate the contract for convenience, providing a 30 (thirty) calendar day
notice, at any time upon a determination by the Director that termination of the contract is in the best interest of
the City. In this case the Consultant will be paid compensation due and payable to the date of termination.
6. 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, count y, city, and special district laws,
ordinances, and regulations.
7. 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.
8. 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.
9. 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.
10. 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 t he 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.
11. Conflict of Interest. The Consultant shall disclose any financial, business, or other relationship with the City
that may have an impact upon the outcome of this contract, or any ensuing City construction project. The
Consultant shall also list current clients who may have a financial interest in the outcome of this contract, or any
ensuing City construction project which will follow. The Consultant staff shall provide a Conflict of Interest
Statement where determined necessary by the City.
The Consultant covenants that it presently has no interest, and shall not acquire any interest —direct, indirect or
otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The
Consultant further covenants that, in the performance of this work, no sub -consultant or person having such an
interest shall be employed. The Consultant certifies that no one who has or will have any financial interest in
performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the
performance of the work hereunder, the Consultant shall at all times be deemed an independent Consultant
and not an agent or employee of the City.
12. 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
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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.
13. 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 c ontract 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.
14. 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 c onstruction, including
but not limited to, inspection and land surveying work.
15. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Consultant is
required to pay.
16. 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 bui lding and regulatory permit
application fees. Consultant will provide a 10 day notice for the City to issue a check.
17. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established
by OSHA and the California Division of Industrial Safety.
18. 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 su ch
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.
19. Preservation of City Property. The Consultant shall provide and install suitable safeguards, approved by the
City, to protect City property from injury or damage. If City property is injured or damaged resulting from the
Consultant's operations, it shall be replaced or restored at the Consultant's expense. The facilities shall be
replaced or restored to a condition as good as when the Consultant began work.
20. 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.
21. 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.
22. 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 specific ations, 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 propos al 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
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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. Further more, 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 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.
23. 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 o f
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 .
24. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from
other consultants during the contract term.
25. Standards. Documents shall conform to City Standards and City furnished templates shall be used.
26. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and signed by the
Consultant where required.
27. Required Deliverable Products and Revisions. The Consultant will be required to provide documents
addressing all elements of the workscope. 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.
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.
2 copies of the draft preliminary reports, technical studies
1 copy of the final preliminary reports, technical studies plus markups
2 copies of the final reports or technical studies
Draft reports and plan submittals shall be submitted as paper copies.
Final documents shall be submitted as camera-ready original, unbound, each page printed on only one side,
including any original graphics in place and scaled to size, ready for reproduction AND one electronic copy
submitted in Adobe Acrobat format including all original stamps and signatures
In the event the City will be compiling the final specifications, incorporating the Consultant’s work, the final
specifications will also be required to be submitted in Microsoft Word format.
Electronic files shall be submitted on CD and all files must be compatible with the Microsoft operating system.
Each CD must be clearly labeled and have a printed copy of the directory. Files may be emailed to the City in
lieu of putting them on CD.
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28. 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 h ard 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 modifi cation, 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.
29. 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.
30. 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.
31. Attendance at Meetings And Hearings. As part of the workscope and included in the contract price is
attendance by the Consultant at up to2 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.
32. 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.
33. 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.
34. 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.
35. 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.
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.
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36. Payment Terms. The City's payment terms are 30 days from the receipt and approval by the City of an
original invoice and acceptance by the City of the materials, supplies, equipment or services provided by the
Consultant (Net 30).
37. 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 Counc il 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.
38. 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” when project work is for a federally funded
project. 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 make a determination on a project by project basis for reasonably expected DBE
participation to compete for the sub-consulting opportunities in this agreement. The Consultant is responsible
to be fully informed regarding the requirements of 49 CFR, Part 26.
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.
39. Agreement Parties.
City: Brian Rodriguez
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Consultant:
All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or
certified mail addressed as shown above.
40. Incorporation by Reference. City Request for Qualifications Specification No. 5009.2019.ROW and
Consultant's proposal dated xx/xx/xxxx, 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 City Engineer.
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
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Consultant both agree that the work is outside of the project scope and is necessary to the successful
completion of the project, then a fee will be established for such work based on Consultant's hourly billing rates
or a lump sum price agreed upon between the City and the Consultant. Any extra work performed by
Consultant without prior written approval from the City Project Manager shall be at Consultant's own expense.
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 b e made and
performed by City, Consultant agrees with City to do everything required by this Agreement, the said
specification and incorporated documents.
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
By: ___________________________________
Derek Johnson, City Manager Name of CAO/President
Its: CAO/President
APPROVED AS TO FORM:
___________________________________
Christine Dietrick, City Attorney
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Section E
PROPOSAL SUBMITTAL FORMS
ACKNOWLEDGEMENT
The undersigned declares that she or he:
▪ Has carefully examined Specification No. 5009.2019.ROW
▪ Is thoroughly familiar with its content
▪ Is authorized to represent the proposing firm; and
▪ Agrees to perform the work as set forth in the specification and this proposal.
Firm Name and Address:
Contact Name:
Email:
Fax: Phone:
Signature of Authorized Representative:
Date:
INSURANCE CERTIFICATE
Insurance Company’s A.M. Best Rating
Certificate of insurance attached
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STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The Consultant shall state whether it or any of its officers or employees who have a proprietary interest in it, has
ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local
government project because of the violation of law, a safety regulation, or for any other reason, including but not
limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the
circumstances.
Do you have any disqualification as described in the above paragraph to declare? Yes No
If yes, explain the circumstances.
Executed on ______________________at _______________________________________ under penalty of
perjury of the laws of the State of California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Consultant Representative
REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under the
present business name: _________
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services
included with the scope of the specifications. Attach additional pages if required. The City reserves the right to
contact each of the references listed for additional information regarding your firm's qualifications.
Reference No. 1
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
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Reference No. 2
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
Reference No. 3
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
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Section F
INSURANCE REQUIREMENTS: Consultant Services
The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work hereunder
by the Consultant, its agents, representatives, employees or sub-consultants.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 20 10 Prior to 1993 or
CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as determined by the City).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability or other form with a general aggregate limit is used, either the genera l aggregate
limit shall apply separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and
approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed
to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Consultant; products and completed operations
of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired
or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, official, employees, agents or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self -insurance
maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the
Consultant's insurance and shall not contribute with it.
3. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended,
voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the City. The Consultant agrees to notify
the City in the event that the policy is suspended, voided or reduced in coverage or limits. A minimum of 30
days prior written notice by certified mail, return receipt requested, will be provided.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A:VII.
Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of
the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage
required by this clause must also be provided. The endorsements are to be signe d by a person authorized by that
insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work
commences.
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Section G
APPENDICES
Appendix 1: Federally Funded Contract Forms
Caltrans Local Assistance Procedures Manual requires the Consultant and the City to complete reporting forms for
Federally Funded Contracts on a project-by-project basis.
At the time of federal project initiation, the Consultant will be required to furn ish information to the City in order for
the City to complete the require Local Agency Forms. The Consultant must complete and furnish to the City the
forms required to be completed by the Consultant prior to the issuance of the project Purchase Order.
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 10-R: A&E Sample Contract Language
11. Exhibit 10-S: Consultant Performance Evaluation
12. Exhibit 10-T: Panel Member Conflict of Interest & Confidentiality Statement
13. Exhibit 10-U: Consultant in Management Position Conflict of Interest Statement
14. Exhibit 17-F: Final Utilization Report (to be completed at Project Completion)
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Notice Requesting Qualifications for Mechanical Engineering Services
Specification No. 5009.2019.MD
The City of San Luis Obispo is requesting sealed proposals from interested consultants to provide for Mechanical
Engineering Services required for City projects pursuant to Specification No. 50 09.2019.MD. 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 four years.
Description of Services:
In general, needed services consist of mechanical engineering design and mechanical equipment facility study
services related to the City’s Capital Improvement Plan or other City projects . The selected consultants will prepare
master planning documents along with high quality construction plans and specifications, in accordance with the
contract documents and City requirements and standards. The City is currently interested in consultants with public
facility and public safety facility planning, assessment and design experience.
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 July 18, 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 following:
• RFQ title
• Specification number
• Consultant name
• Time and date of the proposal opening
Proposals shall be submitted using the forms provided in the specification package.
Obtaining a Specification Package
▪ Download from the City’s Web site www.slocity.org - Doing Business / Bids & Proposals page.
▪ Pick up a copy of the RFQ at the above address
A list of companies that have requested a copy of the proposal is maintained on the web page.
Questions
Contact Mike McGuire at (805) 783-7716 or mmcguire@slocity.org with any questions regarding this Request for
Qualifications.
Disadvantaged Business Participation
DBE and other small businesses as defined in Title 49 CFR 26, are encouraged to participate in the performance of
agreements financed in whole or in part with federal funds.
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Specification No. 5009.2019.MD
TABLE OF CONTENTS
DESCRIPTION OF WORK ........................................................................................................................................... 3
GENERAL TERMS AND CONDITIONS ....................................................................................................................... 5
PROPOSAL CONTENT AND SELECTION PROCESS ............................................................................................... 7
PROPOSAL CONTENT ........................................................................................................................................... 7
PROPOSAL EVALUATION AND CONSULTANT SELECTION .............................................................................. 7
FORM OF AGREEMENT .............................................................................................................................................. 9
PROPOSAL SUBMITTAL FORMS ............................................................................................................................. 16
ACKNOWLEDGEMENT ......................................................................................................................................... 16
INSURANCE CERTIFICATE .................................................................................................................................. 16
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS ............................................................................... 17
REFERENCES ....................................................................................................................................................... 17
INSURANCE REQUIREMENTS: Consultant Services ............................................................................................. 19
APPENDICES ............................................................................................................................................................. 20
Appendix 1: Federally Funded Contract Forms ...................................................................................................... 20
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Section A
DESCRIPTION OF WORK
The City is looking for consultants interested in working with the City to deliver the City’s Capital Improvement
Program, in the work area of mechanical engineering and design.
Background:
The City is requesting qualifications from consultants to provide mechanical engineering and design 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 municipal and public safety facility engineering and design to draw from as
needed. Consultants should expect mechanical engineering services will be required to help facilitate the City’s
Capital Improvement Plan work. The City’s existing Capital Improvement Plan may be found on the City’s website:
https://www.slocity.org/Home/ShowDocument?id=15625
Staff anticipates that the 2019-21 Capital Improvement Plan will be similar in variety and scope to the 2017-19
Plan. The successful consultants will be expected to perform the types of services outlined in this request.
Workscope – Mechanical Engineering:
The City is looking for consultants who specialize in the mechanical engineering design of public facilities and
public safety facilities. Mechanical engineering firms without public safety facility experience will still be considered
as well as mechanical engineering firms who only specialize in public safety facilities.
The consultant(s) selected will be responsible to perform the necessary work to deliver study documents and high
quality biddable plans and specifications for construction, consistent with current policies and procedures. The
prime consultant will be responsible to obtain, oversee, and be responsible for work products for ancillary services,
such as architectural and electrical, as part of their work.
The outline below is meant to clarify the consultant’s role, but not be an all-inclusive list of every task needed to
achieve the work product. A City staff person will be assigned as your contact for each individual project.
1. Attend scoping meeting with project proponent.
2. Submit a detailed workscope including:
a. list of key work items
b. schedule which includes required turn-around times for City staff input and products
c. list of any sub-consultants needed for the work
d. cost proposal which is subject to negotiation
3. Obtain information by:
a. completing research of City archives of record drawings,
b. contacting affected utility companies,
c. performing facility investigation,
d. researching code requirements
e. any other record searches required to complete the work.
4. Complete preliminary reports, such as building mechanical equipment assessments, if required in project
scope.
5. Engage in public review process as required in the workscope.
6. Insure the plans are compliant with the California Building Codes.
7. Prepare and submit initial 50% draft plans, specifications, and construction estimate for City review and
comment. Address comments.
8. Prepare and submit 90% draft plans, specifications, and construction estimate for City review and
comment. Address comments.
9. Prepare and submit 100% draft plans, specifications, and construction estimate for City review and
comment
10. Submit plans to the Building Division for building permits, addressing comments and resubmitting as
needed.
11. Prepare and submit completed approved bid package including plans, specifications and construction
estimates signed and stamped by the professional of record.
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12. Receive red line plans after construction work is complete and prepare record plans and submit to City.
13. Plans must be completed using AutoCAD software and compliant with City Engineering Standards
Appendix F, including:
a. borders
b. layer name
c. layer color
d. layer line weight
City Staff will typically complete, or manage through others, the following items:
1. Pay all permit fees.
2. Obtain permits for environm ental work from regulatory agencies.
3. Complete staff reports for approval.
4. Advertise and award construction contracts.
5. Provide construction management.
This work may be assigned to the consultant depending upon consultant’s capabilities, available City staffing and
available funding.
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Section B
GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (Consultant) shall meet all
of the terms, and conditions of the Request for Qualifications (RFQ) specifications package. By virtue of its
proposal submittal, the Consultant acknowledges agreement with and acceptance of all provisions of the RFQ
specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and
accompanied by any other required submittals or supplemental materials. Proposal documents shall be
enclosed in an envelope that shall be sealed and addressed to the Public Works Department, City of San Luis
Obispo, 919 Palm Street, San Luis Obispo, CA, 93401. Each proposal submittal shall include one electronic
copy of the proposal, submitted in Adobe Acrobat format on CD or flash drive. In order to guard against
premature opening, the proposal should be clearly labeled with the proposal title, specification number, name of
Consultant, and date and time of proposal opening. No FAX submittals will be accepted.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the Consultant’s insurance coverage
during proposal evaluation; as discussed under paragraph 13 below, endorsements are not required until
contract award. The City’s insurance requirements are detailed in Section F.
4. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form
provided in the RFQ package.
5. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past
government disqualifications on the form provided in the RFQ package.
6. Proposal Withdrawal and Opening. A Consultant may withdraw its proposal, without prejudice prior to the
time specified for the proposal opening, by submitting a written request to the City Engineer for its withdrawal,
in which event the proposal will be returned to the Consultant unopened. No proposal received after the time
specified or at any place other than that stated in the "Notice Requesting Qualifications" will be considered. All
proposals will be opened and declared publicly. Consultants or their representatives are invited to be present
at the opening of the proposals.
7. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file,
or to be interested in more than one proposal, except an alternative proposal when specifically requested;
however, an individual or business entity that has submitted a sub -proposal to a Consultant submitting a
proposal, or who has quoted prices on materials to such Consultant, is not thereby disqualified from submitting
a sub-proposal or from quoting prices to other Consultants submitting proposals.
8. Communications. All timely requests for information submitted in writing will receive a written response from
the City. Telephone communications with City staff are not encouraged, but will be permitted. However, any
such oral communication shall not be binding on the City.
9. Alternative Proposals. When specifically requested, the proposer may submit an alternative proposal (or
proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the
proposer must provide an analysis of the advantages and disadvantages of each of the alternatives, and
discuss under what circumstances the City would prefer one alternative to the other(s). If an alternative
proposal is submitted, the maximum length of the proposal may be expanded proportionately by the n umber of
alternatives submitted.
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CONTRACT AWARD AND EXECUTION
10. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for
examination and comparison. The City also reserves the right to waive non subs tantial 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 Co nsultants. 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 a fter 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 regardi ng 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 negotiate d, who
shall fulfill every stipulation as if it were the party to whom the first award was made.
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Section C
PROPOSAL CONTENT AND SELECTION PROCESS
PROPOSAL CONTENT
1. Submittal Forms
a. Acknowledgement
b. Certificate of Insurance
c. References
d. Statement of Past Disqualifications
2. Qualifications
a. Experience of your firm in performing architectural work for government facilities, including essential
service buildings related to police and fire operations, tenant improvements, any other qualifications or
specialties which you make your firm well-suited in assisting the City.
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 work on schedule.
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. Qualification proposals should be the minimum length to provide the required information. Charts and
other short form approaches to conveying information are encouraged.
b. Three copies of the proposal must be submitted.
c. One 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:
5. Written Proposal Review/Finalist Candidate Selection
Evaluation of the qualification proposals will be based on the following qualifications:
1. Understanding of the work involved in completing mechanical engineering work
2. Demonstrated competence, professional qualifications of proposed staff
3. Recent experience in successfully performing services desired by the City (public safety facility design,
tenant improvements, equipment replacement, etc.)
4. Ability to respond quickly to work requests
Qualification proposals will be reviewed by a selection committee and ranked in accordance with the above
criteria. Where one or more qualification proposals are rated consistently higher than others, the consultant s
may be selected as the top ranked consultants for purposes of contract negotiation.
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Alternatively, a group of finalist candidates (generally the top 3 to 5 five proposers) may be select ed for follow-
up interviews and presentations, or requests for additional clarifying information, before the final top ranked
consultants for contract negotiation are determined.
6. Proposal Review and Award Schedule
The following is an outline of the anticipated schedule for proposal review and contract award:
Issue RFQ ........................................................ June 20, 2019
Receive qualification proposals .......................... July 18, 2019
Complete proposal evaluation ....................... August 22, 2019
Award contract ........................................ September 19, 2019
Execute contract……………….……………….October 3, 2019
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Section D
FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by and
between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and
[CONSULTANT’S NAME IN CAPITAL LETTERS], hereinafter referred to as Consultant.
W I T N E S S E T H
WHEREAS, on [date], requested proposals for Architectural Design Services per Specification No. 5009-
2019-MD.
WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted by City for sa id
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. Contract Term for On-Call Service Contracts. The services identified in this specification will be contracted
by the City for four years. Actual work may extend beyond the final date.
3. Cost Increases for On-Call Service Contracts and Contract Extension. Labor rates during the contract
term may be increased on an annual basis to reflect projected increases in labor costs and overhead provided
those increases are incorporated into the Proposal.
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 rates and overhead provided the City is notified
and those increases are incorporated into the extension.
4. 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.
5. 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 t ime 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 termin ate 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 Consultan t's surety
shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the
termination thereof.
In said event, the Consultant shall be entitled to the reasonable value of its services performed from the
beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any
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offset from such payment representing the City's damages from such breach. "Reasonable value" includes
fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by
the Consultant as may be set forth in the Agreement payment schedule; compensation for any other work,
services or goods performed or provided by the Consultant shall be based solely on the City's assessment of
the value of the work-in-progress in completing the overall workscope.
The City reserves the right to delay any such payment until completion or confirmed abandonment of the
project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of
costs. In no event, however, shall the Consultant be entitled to receive in excess of the compensation quoted
in its proposal.
The City also reserves the right to terminate the contract for convenience, providing a 30 (thirty) calendar day
notice, at any time upon a determination by the Director that termination of the contract is in the best interest of
the City. In this case the Consultant will be paid compensation due and payable to the date of termin ation.
6. 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.
7. 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 agreem ent.
8. 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.
9. 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.
10. Record Retention and Audit. For the purpose of determining compliance with various laws and regulations
as well as performance of the contract, the Consultant and sub-consultants shall maintain all books,
documents, papers, accounting records and other evidence pertaining to the performance of the contract,
including but not limited to the cost of administering the contract. Materials shall be made available at their
respective offices at all reasonable times during the contract period and for three years from the date of fi nal
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.
11. Conflict of Interest. The Consultant shall disclose any financial, business, or other relationship with the City
that may have an impact upon the outcome of this contract, or any ensuing City construction project. The
Consultant shall also list current clients who may have a financial interest in the outcome of this contract, or any
ensuing City construction project which will follow. The Consultant staff shall provide a Conflict of Interest
Statement where determined necessary by the City.
The Consultant covenants that it presently has no interest, and shall not acquire any interest —direct, indirect or
otherwise—that would conflict in any manner or degree with the performance of the work her eunder. 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.
12. 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
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City employee. For breach or violation of the warranty, the Cit y shall have the right in its discretion; to
terminate the contract without liability; to pay only for the value of the work actually performed; to deduct from
the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
13. 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 ha s 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, brok erage, or contingent
fee.
14. 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.
15. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Consultant is
required to pay.
16. 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 o f the project including building and regulatory permit
application fees. Consultant will provide a 10 day notice for the City to issue a check.
17. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established
by OSHA and the California Division of Industrial Safety.
18. 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, erec t 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.
19. Preservation of City Property. The Consultant shall provide and install suitable safeguards, approved by the
City, to protect City property from injury or damage. If City property is injured or damaged resulting from the
Consultant's operations, it shall be replaced or restored at the Consultant's expense. The facilities shall be
replaced or restored to a condition as good as when the Consultant began work.
20. 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.
21. 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.
22. 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
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patent if it is of such a nature that the Consultant, assuming reasonable skill, ability and diligence on its part,
knew or should have known of the existence of the ambiguity or defect. Furthermore, failure of the Consultant
or sub-consultants to notify City in writing of specification defects or ambiguities prior to proposal submittal shall
waive any right to assert said defects or ambiguities subsequent to submittal of the proposal.
To the extent that 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 th e defect or ambiguity in the plans or
specifications concerning the dispute.
23. Indemnification for Professional Liability. Consultant shall indemnify, protect, defend and hold
harmless the City and any and all of its officials, employees and agents (“Indem nified 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 .
24. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from
other consultants during the contract term.
25. Standards. Documents shall conform to City Standards and City furnished templates shall be used.
26. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and signed by the
Consultant where required.
27. 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.
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
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 c opy
submitted in Adobe Acrobat format including all original stamps and signatures.
In the event the City will be compiling the final specifications, incorporating the Consultant’s work, the final
specifications will also be required to be submitted in Microsoft Word format.
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In the event the City will be completing the Record Drawings, the final plans will also be required to be
submitted in AutoCAD.
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. Fi les may be emailed to the City in
lieu of putting them on CD.
28. 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 w ill 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.
29. 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 pri or
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.
30. 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 quanti ties
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.
31. Attendance at Meetings And Hearings. As part of the workscope and included in the contract price is
attendance by the Consultant at up to 3 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.
32. 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.
33. 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.
34. 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.
35. 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 p roject 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.
For on-call services, the City will pay and the Consultant shall receive compensation as agreed to on a project
by project basis.
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The Consultant shall be reimbursed for hours worked at the hourly rates attached to this agreement. Hourly
rates include direct salary costs, employee benefits, overhead and fee. In additi on, 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.
36. Payment Terms. The City's payment terms are 30 days from the receipt and approval by the City of an
original invoice and acceptance by the City of the materials, supplies, equipment or services provided by the
Consultant (Net 30).
37. 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.
38. 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” when project work is for a federally funded
project. 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 def ined in 49 CFR 26 in the performance of
this agreement. The City will make a determination on a project by project basis for reasonably expected DBE
participation to compete for the sub-consulting opportunities in this agreement. The Consultant is respon sible
to be fully informed regarding the requirements of 49 CFR, Part 26. Participation of DBE’s in the specified
percentage is not a condition of award.
The Consultant shall notify the City of any changes to its anticipated DBE participation on federally funded
projects, 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.
39. Agreement Parties.
City: Mike McGuire
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.
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40. Incorporation by Reference. City Request for Qualifications Specification No. 50 09.2019.MD and
Consultant's proposal dated xx/xx/xxxx, 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 City Engineer.
42. Working Out of Scope. If, at any time during the project, the consultant is directed to do work by persons
other than the City Project Manager and the Consultant believes that the work is outside of the scope of the
original contract, the Consultant shall inform the Project Manager immediately. If the Project Manager and
Consultant both agree that the work is outside of the project scope and is necessary to the successful
completion of the project, then a fee will be established for such work based on Consultant's hourly billing rates
or a lump sum price agreed upon between the City and the Consultant. Any extra work performed by
Consultant without prior written approval from the City Project Manager shall be at Consultant's own exp ense.
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.
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
By: ___________________________________
Derek Johnson, City Manager Name of CAO/President
Its: CAO/President
APPROVED AS TO FORM:
Christine Dietrick, City Attorney
(2nd signature required if Corporation):
By:________________________________
Name of Corporate Officer
Its: ____________________
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Section E
PROPOSAL SUBMITTAL FORMS
ACKNOWLEDGEMENT
The undersigned declares that she or he:
▪ Has carefully examined Specification No. 5009.2019.MD
▪ Is thoroughly familiar with its content
▪ Is authorized to represent the proposing firm; and
▪ Agrees to perform the work as set forth in the specification and this proposal.
Firm Name and Address:
Contact Name:
Email:
Fax: Phone:
Signature of Authorized Representative:
Date:
INSURANCE CERTIFICATE
Insurance Company’s A.M. Best Rating
Certificate of insurance attached
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STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The Consultant shall state whether it or any of its officers or employees who have a proprietary interest in it, has
ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local
government project because of the violation of law, a safety regulation, or for any other reason, including but not
limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the
circumstances.
Do you have any disqualification as described in the above paragraph to declare? Yes No
If yes, explain the circumstances.
Executed on ______________________at _______________________________________ under penalty of
perjury of the laws of the State of California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Consultant Representative
REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under the
present business name: _________
Describe fully the last three contracts performed by your firm that demonstrate your ability t o provide the services
included with the scope of the specifications. Attach additional pages if required. The City reserves the right to
contact each of the references listed for additional information regarding your firm's qualifications.
Reference No. 1
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
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Reference No. 2
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
Reference No. 3
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
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Section F
INSURANCE REQUIREMENTS: Consultant Services
The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work hereunder
by the Consultant, its agents, representatives, employees or sub-consultants.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 20 10 Prior to 1993 or
CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as determined by the City).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injur y 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 limit s except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the City. The Consultant agrees to notify
the City in the event that the policy is suspended, voided or reduced in coverage or limits. A minimum of 30
days prior written notice by certified mail, return receipt requested, will be provided.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A:VII.
Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of
the required insurance coverage. Original endorsements effecting general liability and automobile liabilit y coverage
required by this clause must also be provided. The endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work
commences.
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Section G
APPENDICES
Appendix 1: Federally Funded Contract Forms
Caltrans Local Assistance Procedures Manual requires the Consultant and the City to complete reporting forms for
Federally Funded Contracts on a project-by-project basis.
At the time of federal project initiation, the Consultant will be required to furnish information to the City in order for
the City to complete the require Local Agency Forms. The Consultant must complete and furnish to the City the
forms required to be completed by the Consultant prior to the issuance of the project Purchase Order.
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 10-R: A&E Sample Contract Language
11. Exhibit 10-S: Consultant Performance Evaluation
12. Exhibit 10-T: Panel Member Conflict of Interest & Confidentiality Statement
13. Exhibit 10-U: Consultant in Management Position Conflict of Interest Statement
14. Exhibit 17-F: Final Utilization Report (to be completed at Project Completion)
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