HomeMy WebLinkAbout07-16-2019 Item 06 - Marsh St Bridge Replacement Project RFP Construction Mgt
Department Name: Public Works
Cost Center: 5001
For Agenda of: July 16, 2019
Placement: Consent
Estimated Time: NA
FROM: Daryl R. Grigsby, Public Works Director
Prepared By: Michael J. McGuire, Senior Civil Engineer
SUBJECT: REQUEST FOR PROPOSALS FOR CONSTRUCTION MANAGEMENT OF
THE MARSH STREET BRIDGE REPLACEMENT PROJECT,
SPECIFICATION NO. 90480
RECOMMENDATIONS
1. Approve a Request for Proposals for Construction Management Services of the Marsh Street
Bridge Replacement Project, Specification No. 90480; and
2. Authorize staff to advertise for construction management proposals; and
3. Authorize the City Manager to award a contract up to $671,331.
DISCUSSION
Background
The City of San Luis Obispo has been working since 2010 to design and construct the Marsh
Street Bridge Replacement project. The project will replace a structurally deficient bridge and
improve safety near the intersection of Marsh and Santa Rosa Streets. The project includes
replacement of the bridge deck and railing, and installation of new lighting for enhanced
pedestrian safety. In addition, the lighting and railing will retain the historic aesthetic of the
bridge. To accomplish this work, Marsh Street will be closed from the bridge to the Santa Rosa
Street intersection with traffic diverted around the construction site.
The City is the local agency of the project, with the California Department of Transportation
serving in an oversight role as the stewards of the State Highway System. Current status is:
• The City submitted 100% plans for Caltrans review in January 2019.
• Final approval for construction from Caltrans was granted on April 18, 2019.
• Utility coordination is currently in progress.
• June 2018, the City made offers to acquire right-of-way and temporary construction
easements needed for the project.
• As of November 2018, all necessary property acquisitions had been secured but the delays in
construction start resulted in a need to extend ROW agreements for another year.
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Construction Management Support
In order to complete delivery of the City’s Capital Improvement Plan and provide the necessary
support and oversight for this large and complex project, staff is recommending hiring
Construction Management (CM) services (Attachment A). The CM services role in a project of
this magnitude has proven to facilitate construction issue identification, problem-solving, and
other tangible benefits.
During the construction phase, the CM firm, in conjunction with the Project Manager and other
City staff, will provide construction oversight and keep management and stakeholders informed
of activities, changes, and potential problems. The CM firm will also oversee the Contractor’s
work, interact with the public, maintain construction documentation, and complete claim
avoidance work. Finally, the CM will assist the City in closing out the project once construction
is complete.
It is anticipated that the CM firm will work part-time for three months (November 2019 -
January 2020) leading up to the construction phase, full-time during the 6-month construction
phase, and part-time during the 2-month post-construction phase. The CM firm will employ
various sub-consultants to provide specialty inspection and monitoring services throughout the
project. Some of the required services will include utility coordination, structure inspection,
surveying, environmental monitoring, vibration monitoring, material inspection and testing, and
public outreach in coordination with staff.
Approval of the recommended action will allow staff to select a qualified firm that will provide
the necessary services.
CONCURRENCE
As components of the bridge replacement project, a new sewer siphon must be installed and an
existing water line will need to be re-routed across the new bridge. The support of a Construction
Management consultant has the concurrence of the Utilities Department.
ENVIRONMENTAL REVIEW
On May 2, 2017, the City Council adopted a resolution certifying the Final Environmental
Impact Report (EIR) for the Marsh Street Bridge Replacement project (Attachment B).
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FISCAL IMPACT
Budgeted: Yes Budget Year: 2016-17
Funding Identified: Yes
Fiscal Analysis:
In 2010, the City applied to the San Luis Obispo Council of Governments for State
Transportation Improvement Program (STIP) for funds for the project and was awarded the
funding. The project uses a combination of 89% Federal Highway Administration funding
(specifically, Highway Bridge Program funding) and 11% City matching Local Revenue
Measure funds. This project is identified in the 2015-17 Financial Plan, Appendix B – Capital
Improvement Plan, pages 3-155 through 3-157, with $300,000 budgeted for Construction
Management in 2016-17. Caltrans allows a maximum of 15% of construction cost to fully fund
the Construction Management portion of the project. The total construction estimate is
$4,475,543, therefore the estimated construction management services cost is $671,331. The
Highway Bridge Program will fund $594,329 of this cost requiring the City to provide $77,002
in matching funds. As the current project budget amount is $6,559,047, there is sufficient
funding available to fully fund the Construction Management cost.
All values used to derive the above expenses are within average industry standards and based
upon bridge projects of similar size and scope. Upon reviewing the submitted Request for
Proposals, the actual CM costs may vary due to site specific conditions of this bridge
replacement work or due to consultant workload. The proposals will be evaluated based on
qualifications and costs may be negotiated after consultant ranking but is not to exceed $671,331.
Highway Bridge Program:594,329$
City Matching Funds:77,002$
Total (maximum):671,331$
CM Funding Sources
Construction:4,475,543$
Construction Contingencies:447,554$
Construction Management:671,331$
Total for Construction:5,594,428$
Current Project Budget:6,559,047$
Project Costs
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ALTERNATIVES
Deny RFP approval. The Council could choose to deny or defer the approval of the Request for
Proposal and advertising for Construction Management services. Staff does not recommend this
option. Should this be denied or deferred, the construction of the bridge replacement would
either be stopped, or other projects deferred in order to staff this need.
Attachments:
Attachment a - CM Services RFP
Attachment b - READING FILE Marsh Street FEIR
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REQUEST FOR PROPOSALS
RESIDENT ENGINEER AND CONSTRUCTION MANAGEMENT SERVICES
MARSH STREET BRIDGE REPLACEMENT
CITY PROJECT NO. 90480
FEDERAL PROJECT NO. BRLS-5016(050)
July 18, 2019
The City of San Luis Obispo (City) is currently soliciting proposals for Resident Engineer and
Construction Management Services for its Marsh Street Bridge Replacement Project.
Each proposal must specify each and every item as set forth in the attached specifications. Any and
all exceptions must be clearly stated in the proposal. Failure to set forth any item in the specifications
without taking exception may be grounds for rejection. The City reserves the right to reject any and all
proposals and to waive any irregularity or informality in any proposal or in the RFP process, as long as,
in the judgment of the City, such action will not negate fair competition and will permit proper
comparative evaluation of the proposals submitted.
This RFP is posted on the City’s website at:
http://www.slocity.org
Any changes, additions, or deletions to this RFP will be in the form of written addenda issued by the
City. Any addenda will be posted on the website. Prospective proposers must check the website for
addenda or other relevant new information during the response period. The City is not responsible for
the failure of any prospective proposer to receive such addenda. All addenda so issued will become a
part of this RFP.
If your firm is interested and qualified, please submit the following Adobe Acrobat Portable Data Format
(.pdf) files: one (1) technical proposal and one (1) cost proposal. Cost Proposals must be PASSWORD
PROTECTED. All proposals must be submitted to the front counter at the Public Works Department,
919 Palm Street, by, 2:00 p.m. on August 15, 2019.
All questions pertaining to the content of this Request for Proposal must be made in writing through the
City’s website by 2:00 p.m. on August 8, 2019. Requests submitted after said date may not be
considered. Questions will receive a response within five (5) business days. Questions and responses
will be posted (anonymously) on the website and can be viewed by accessing the Request for Proposal.
The City reserves the right to determine the appropriateness of comments / questions that will be posted
on the website.
If you have any questions about the proposal process, please contact the Engineer directly.
MICHAEL J. MCGUIRE
Senior Civil Engineer
mmcguire@slocity.org
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Table of Contents
I. INTRODUCTION ..............................................................................................4
PURPOSE ............................................................................................................................................... 4
PROJECT LOCATION ............................................................................................................................ 4
BACKGROUND ...................................................................................................................................... 4
II. SCHEDULE AND SUBMITTAL ............................................................................5
A. RFP SCHEDULE .................................................................................................................................... 5
B. QUESTIONS ........................................................................................................................................... 5
C. PROPOSAL SUBMITTAL ....................................................................................................................... 5
III. GENERAL INSTRUCTIONS ................................................................................6
A. CITY RIGHTS & OPTIONS ..................................................................................................................... 6
B. CHANGES TO THE RFP ........................................................................................................................ 7
C. COMMUNICATIONS ............................................................................................................................... 8
D. INSURANCE ........................................................................................................................................... 8
E. EXCEPTIONS & DEVIATIONS ............................................................................................................... 8
F. AWARD AND STANDARD AGREEMENT ............................................................................................. 8
G. PREVAILING WAGE............................................................................................................................... 9
H. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ........................................................................... 9
I. TITLE VI COMPLIANCE ......................................................................................................................... 9
J. FAIR EMPLOYMENT PRACTICE .......................................................................................................... 9
K. DEBARMENT ........................................................................................................................................ 10
L. FINANCIAL MANAGEMENT AND ACCOUNTING SYSTEM REQUIREMENTS ................................ 10
M. PROTEST OF AWARD ......................................................................................................................... 10
IV. PROPOSAL FORMAT ...................................................................................... 11
COVER LETTER ................................................................................................................................... 11
FIRM QUALIFICATIONS ...................................................................................................................... 11
ORGANIZATION AND APPROACH ..................................................................................................... 11
SCOPE OF WORK ............................................................................................................................... 12
CONTRACT AGREEMENT .................................................................................................................. 12
FEDERAL-AID PROVISIONS ............................................................................................................... 12
REFERENCES ...................................................................................................................................... 13
OPTIONAL – ADDITIONAL SUPPORTING INFORMATION ............................................................... 13
V. CONSULTANT EVALUATION & CONTRACT AWARD ........................................ 14
PROPOSAL RESPONSIVENESS ........................................................................................................ 14
EVALUATION PROCEDURES ............................................................................................................. 14 Packet Pg. 54
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CONTRACT AWARD ............................................................................................................................ 15
VI. COST PROPOSAL ........................................................................................... 16
VII. PROPOSER CHECKLIST ................................................................................... 17
APPENDIX A – SCOPE OF SERVICES ......................................................................... 18
APPENDIX B – VICINITY MAP .................................................................................. 20
APPENDIX C – SAMPLE CONTRACT ......................................................................... 21
APPENDIX D – DBE FORMS ..................................................................................... 28
APPENDIX E – EXHIBIT 6-A PRELIMINARY ENVIRONMENTAL STUDY (PES) FORM ... 36
APPENDIX F – RISK ASSESSMENT QUESTIONNAIRE ................................................ 37
APPENDIX G – DESIGNATION OF SUBCONTRACTORS FORM ................................... 38
APPENDIX H – EXHIBIT 10-H(2-4) SAMPLE COST PROPOSAL ................................... 39
APPENDIX I – EXHIBIT 10-K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND
FINANCIAL MANAGEMENT SYSTEM ....................................................................... 40
APPENDIX J – EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES........................ 41
APPENDIX K – CITY TRAVEL POLICY ........................................................................ 42
APPENDIX L – QUALITY ASSURANCE PROGRAM ..................................................... 43
APPENDIX M – CONTRACT DOCUMENTS ................................................................ 44
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I. INTRODUCTION
PURPOSE
The purpose of this Request for Proposal (RFP) is to provide interested parties with sufficient
information regarding the construction management services the City of San Luis Obispo
Department of Public Works (City) is seeking for its Marsh Street Bridge Replacement Project
(project). This information is intended to enable interested parties to prepare and submit proposals
for a single construction management and resident engineer team to manage the construction for
this project. See Scope of Services attached as Appendix A.
PROJECT LOCATION
The project is located on:
• Marsh Street at Santa Rosa Street
See Vicinity Map attached as Appendix B.
BACKGROUND
The proposed scope is to provide construction management and resident engineer services to
manage the Federal Bridge Program contract located in the City of San Luis Obispo. It is
anticipated that a single team will work together to manage the contract following Federal
construction engineering guidelines and procedures, as administered by Caltrans, including the
Local Assistance Procedure Manual and the Construction Manual. The contract will include
provisions for the contractor to provide a jobsite trailer for the construction management team and
provide electricity, phone, internet, water and sanitation services.
The Marsh Street bridge replacement on Marsh Street is planned to begin construction in mid-April
2020. The construction contract is planned to continue for approximately 6 months, plus contract
close-out. The project includes the removal, rehabilitation, and replacement of a historic reinforced
concrete bridge structure. The bridge abutments and other appurtenances will also be replaced or
upgraded. Marsh Street is a major arterial street which will be closed to traffic between mid-block
and Santa Rosa Street during the construction project.
The federal lead agency for the project is the Federal Highway Administration with oversight from
the California Department of Transportation (Caltrans) District 5 Division of Local Assistance. The
project shall fully comply with Chapter 6 of the Local Assistance Programs Guidelines (LAPG) and
the entire Local Assistance Procedures Manual (LAPM).
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II. SCHEDULE AND SUBMITTAL
A. RFP SCHEDULE
The following represents the tentative schedule for this RFP. Any change in the scheduled dates
for the Pre-Proposal Conference, Deadline for Final Questions, Proposal Submission Deadline, or
Interviews will be advertised in the form of an addendum to this RFP. The schedule for other
milestones dates may be adjusted without notice.
RFP Schedule Date
Issued July 18, 2019
Deadline for Final Questions August 8, 2019 at 2:00 PM
Proposal Submission Date August 15, 2019 at 2:00 PM
Evaluation of Proposals August 20, 2019
Contract Negotiations September 3, 2019
Intent to Award Issued September 4, 2019
Award by City Council October 1, 2019
Notice to Proceed 1 day from award by CC
B. QUESTIONS
All questions (requests for interpretations or corrections) pertaining to the content of this RFP must
be made in writing through the City’s website by 2:00 p.m. on August 8, 2019. Requests submitted
after said date may not be considered. Questions will receive a response within five (5) business
days. Questions and responses will be posted (anonymously) on the website and can be viewed
by accessing the RFP. The City reserves the right to determine the appropriateness of comments
and/or questions that will be posted on the website.
C. PROPOSAL SUBMITTAL
If your firm is interested and qualified, please submit the following separate Adobe Acrobat Portable
Data Format (.pdf) files, by 2:00 p.m. on August 15, 2019:
1) Technical Proposal for the construction management of the Marsh Street Bridge
Replacement Project. The technical proposal must be a maximum of 15 pages total, not
including staff resumés.
2) Cost Proposal for the Marsh Street Bridge Replacement Project (Password Protected)
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III. GENERAL INSTRUCTIONS
A. CITY RIGHTS & OPTIONS
1. All proposals must be submitted to the City’s Public Works Department, 919 Palm Street,
in Adobe PDF format no later than 2:00 p.m. on August 15, 2019. Late proposals will not
be considered.
2. All costs incurred in the preparation and submission of proposals and related
documentation will be borne solely by the proposer.
3. An impartial Selection Committee will develop a ranking of consultant proposals and
recommend the most qualified consultant for tentative selection and contract negotiations.
4. The cost proposal of the top ranked consultant will be reviewed and may be negotiated
with the consultant. Upon successful contract negotiations, staff will recommend a contract
be awarded.
5. Consultant fees will be negotiated with the selected firm and finalized prior to the award of
contract.
6. This RFP does not constitute an offer of employment or to contract for services. In addition,
this RFP does not commit the City to negotiate a contract. The issuance of this RFP does
not constitute an agreement by the City that any subsequent selection processes will occur,
or that any contract will be entered into by the City.
7. The City has the right to use any or all ideas or concepts presented in any proposal or
interview without restriction, without conversation to all applicants.
8. The City reserves the option to accept or reject any or all proposals, wholly or in part,
received by reason of this request, and make more than one award, or no award, as the
best interests of the City may appear.
9. All documents submitted to the City in response to this RFP will become the exclusive
property of the City.
10. The City reserves the right to award the contract to the firm that presents the proposal
which, in the judgment of the City, best accomplishes the desired results.
11. Any contract awarded pursuant to this Request for Proposal will incorporate the
requirements and specifications contained in this Request for Proposal. All information
presented in a proposer’s proposal will be considered binding upon selection of the
successful proposer, unless otherwise modified and agreed to by the City during
subsequent negotiations.
12. The City reserves the right to remedy technical errors, modify the published scope of
services and approve or disapprove the use of all sub-consultants.
13. The approximate term of the contract will be one (1) year from date of award.
14. Any contract awarded pursuant to this RFP will incorporate the requirements and
specifications contained in this RFP. All information presented in a proposer’s proposal
will be considered binding upon selection of the successful proposer, unless otherwise
modified and agreed to by the City during subsequent negotiations.
15. Under the provisions of the California Public Records Act (the “Act”), Government Code
section 6252 et seq., all “public records” (as defined in the Act) of a local agency, such as
the City, must be available for inspection and copying upon the request of any person. Packet Pg. 58
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Under the Act, the City may be obligated to provide a copy of any and all responses to this
RFP, if such requests are made after the contract is awarded. One exception to this
required disclosure is information which fits within the definition of a confidential trade
secret [Government Code section 6254(k)] or contains other technical, financial or other
data whose public disclosure could cause injury to the proposer’s competitive position. If
any proposer believes that information contained in its response to this RFP should be
protected from disclosure, the proposer MUST specifically identify the pages of the
response that contains the information by properly marking the applicable pages and
inserting the following notice in the front of its response:
NOTICE: The data on pages _ of this response identified by an asterisk (*)
contain technical or financial information, which are trade secrets, or
information for which disclosure would result in substantial injury to the
proposer’s competitive position. Proposer requests that such data be used
only for the evaluation of the response but understands that the disclosure
will be limited to the extent the City considers proper under the law. If an
agreement is entered into with the proposer, the City shall have the right to
use or disclose the data as provided in the agreement, unless otherwise
obligated by law.
The City will not honor any attempt by proposer to designate its entire proposal as
proprietary. If there is any dispute, lawsuit, claim or demand as to whether information within
the response to the RFP is protected from disclosure under the Act, proposer shall
indemnify, defend, and hold harmless, the City arising out of such dispute, lawsuit, claim or
demand.
16. The proposing firm warrants that no official or employee of the City has an interest, has
been employed or retained to solicit or aid in the procuring of a contract resulting from this
RFP, if any, and further warrants that such person will not be employed in the performance
of such contract without immediate written notice to the City.
17. Firms submitting proposals shall warrant that their offer is made without any previous
understanding, agreement, or connection with any person, firm, or corporation submitting
a separate proposal for the same project and is in all respects fair, without outside control,
collusion, fraud, or otherwise illegal action. This condition will not apply to proposals which
are submitted by firms who have partnered with others to submit a cooperative proposal
that clearly identifies a primary contractor and the associated sub-contractors.
18. Unforeseen additional items and/or services may be required. The City therefore reserves
the right to negotiate with the successful proposer for additional items and/or services
beyond what is described in Appendix A to be added to the final contract.
B. CHANGES TO THE RFP
This RFP is posted on the City’s website at:
http://www.slocity.org
Any changes, additions, or deletions to this RFP will be in the form of written addenda issued by
the City. Any addenda will be posted on the website. Prospective proposers must check the
website for addenda or other relevant new information during the response period. The City is not
responsible for the failure of any prospective proposer to receive such addenda. All addenda so
issued will become a part of this RFP. Any proposer who has already submitted their proposal and
desires to make corrections, may remove and replace their proposal on the website up to the date
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and time for which this RFP closes.
C. COMMUNICATIONS
All communications concerning this RFP must be directed to mmcguire@slocity.org. All other
communication is not binding and will in no way modify the RFP or the obligations of the City. All
questions pertaining to the content of this RFP must be made in writing through the City’s website.
All questions will receive a response within five (5) business days.
The proceedings of the Selection Committee are confidential, and members of the Selection
Committee are not to be contacted by the proposers. After the solicitation has closed, proposers
can view the RFP on the website where any available award information will be posted and updated
within the solicitation. Any questions and requests for information must be addressed to the
Engineer.
D. INSURANCE
The Consultant will be required to provide insurance coverage in the amount of One Million Dollars
($1,000,000) Commercial General Liability (CGL) Insurance and Two Million Dollars ($2,000,000)
Professional Liability Insurance. This amount of insurance coverage will be reflected in your
estimated professional fee.
INSURANCE REQUIRED AMOUNT
CGL & Property Damage $ 1.0 Million per occurrence
Professional Liability
$ 1.0 Million per claim /
$ 2.0 Million aggregate
Auto Liability /Property Damage/Bodily
Injury $ 1.0 Million per accident
Workers Compensation & Disability Benefits $ 1.0 Million per accident
The Consultant must provide, within five (5) days after the Notice to Proceed is issued, a certificate
of liability insurance naming the City of San Luis Obispo and its officers, officials, employees and
volunteers as additionally named insured. This must be maintained in full force and effect for the
duration of the contract and must be in an amount and format satisfactory to the City.
See Appendix C – Sample Contract for complete insurance and indemnification requirements.
E. EXCEPTIONS & DEVIATIONS
Any exceptions to or deviations from the requirements set forth in this RFP must be declared in the
proposal submitted by the proposer. The City may waive any immaterial deviation or defect in a
proposal.
F. AWARD AND STANDARD AGREEMENT
The City reserves the right to make awards within sixty (60) days after the date of the RFP closing.
The successful proposer is expected to execute a contract similar to the contract in Appendix C.
This sample contract is for reference to the anticipated terms and conditions governing the City and
the successful proposer. The proposer must take exception in their proposal to any section of the
attached contract they do not agree with. Failing to do so will be deemed as acceptance by the
proposer to the terms spelled out in the sample contract. The City reserves the right, in its sole Packet Pg. 60
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discretion, to add, delete, or modify, or negotiate additional terms and conditions to the attached
contract. BEFORE BEGINNING ANY WORK OR SUBMITTING A PROPOSAL, IT IS ADVISED
THAT PROPOSERS READ THE CITY INSURANCE AND INDEMNIFICATION REQUIREMENTS
IN THE ATTACHED SAMPLE CONTRACT.
G. PREVAILING WAGE
A portion of this work is prevailing wage work. For any work proposed by the prime consultant or
a subconsultant (any tier) under this contract, in accordance with Labor Code Section 1720 et seq.,
employees must be paid at least the prevailing rate wages for public works performed on the
Project. Prime consultant and any applicable subconsultant (any tier) must register with the
Department of Industrial Relations (DIR) prior to contract award, must remain registered for the
entire term of the contract, and must submit certified payroll records to DIR at least monthly for
such work.
Firms can register at:
http://www.dir.ca.gov/Public-Works/PublicWorks.html
H. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
This project is subject to Title 49 Code of Federal Regulations Part 26 (49 CFR 26) entitled
"Participation by Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs”. Proposers must ensure that DBEs and other small businesses have the
opportunity to participate in the performance of the work that is the subject of this RFP and should
take all necessary and reasonable steps for this assurance. Proposer must not discriminate on the
basis of race, color, national origin, or sex in the award and performance of subcontracts.
Proposers are encouraged to use services offered by financial institutions owned and controlled by
DBEs.
The City has established a DBE goal of 0% for Marsh Street Bridge Project No. 90480.
Please refer to Appendix D for DBE information and forms.
Proposer will be required to submit LAPM Exhibit 10-O2 Consultant Contract DBE Commitment
Form (see Appendix D) with their Cost Proposal.
I. TITLE VI COMPLIANCE
It is the policy of the City of San Luis Obispo Department of Public Works, under Title VI of the Civil
Rights act of 1964 and related federal statutes and state law, to ensure that no person be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination under
any program or activity it administers on the grounds of race, color, national origin, sex, disability,
religion, sexual orientation, or age. The selected Consultant will be required to comply with 49 CFR
21 entitled Nondiscrimination in Federally-Assisted Programs of the Department of Transportation
–- Effectuation of Title VI of the 1964 Civil Rights Act. See Sample Contract attached (Appendix C)
for the complete Title VI requirements.
J. FAIR EMPLOYMENT PRACTICE
The Consultant and all subconsultants must comply with all laws and regulations governing
nondiscrimination in employment, including the Americans with Disabilities Act of 1990, the Fair
Employment and Housing Act (California Government Code Section 129000 et seq.), and the
applicable regulations promulgated thereunder Title 2, Division 4.1, Chapter 5 of the California
Code of Regulations Section 11000 et seq.. Packet Pg. 61
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The Consultant, with regard to the work performed by them during the Contract, must not
discriminate on the grounds of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information, marital status, sex, gender,
gender identity, gender expression, age, sexual orientation, or military and veteran status of any
person in employment or the selection and retention of subcontractors, including procurement of
materials and leases of equipment.
K. DEBARMENT
In accordance with Appendix II of 2 CFR 200, consultants and subconsultant (any tier) will not
perform work on this Project if they are debarred, suspended, or otherwise excluded from or
ineligible for participation in federal assistance programs. The Excluded Parties List System
(EPLS) is maintained by the General Services Administration (GSA) and available at the following
website: https://www.sam.gov/portal/public/SAM/
L. FINANCIAL MANAGEMENT AND ACCOUNTING SYSTEM REQUIREMENTS
The Consultant must have an adequate financial management and accounting system as required
by 48 CFR 16, 2 CFR 200, and 48 CFR 31.
M. PROTEST OF AWARD
Any objection to the City’s final decision will be handled according to applicable state and local
procurement laws.
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IV. PROPOSAL FORMAT
A qualifying proposal must address all the following points and shall be in the format outlined in this
section. The technical proposal will be a maximum of 15 pages total, not including staff resumés.
COVER LETTER
The cover letter will be addressed to:
Michael McGuire
Senior Civil Engineer
The letter must be on proposer’s letterhead and include the proposer’s contact name, mailing
address, telephone number and email address. The letter will address the proposer’s
understanding of the services being requested and any other pertinent information the proposer
believes should be included.
The name, address, telephone number, and email address of the person authorized to represent
the firm with respect to all notices, negotiations, discussions, and other communications relating to
this proposal, to any negotiation relating to the contract should be included in the letter.
The letter must be signed by the individual authorized to bind the Consultant to the representations,
commitments, and statements in the proposal.
FIRM QUALIFICATIONS
The City will only consider proposals that demonstrate firms have successfully completed
comparable projects. These projects must illustrate the quality, type, and past performance of the
project team. Submittals must include a detailed description of a minimum of three (3) projects
within the past five (5) years which include the following information:
1. Contracting agency
2. Contracting agency Project Manager and contact information
3. Contract amount
4. Funding source
5. Date of contract
6. Date of completion
7. Consultant Project Manager and contact information
8. Consultant Resident Engineer and contact information
9. Project Objective
10. Project Outcome: include original construction contract amount and final amount.
ORGANIZATION AND APPROACH
1. Provide an organizational chart identifying the project manager for the work and each key
person who would be assigned to carry out the work and their respective roles in performing
the work – specifically the Resident Engineer(s) and any Assistant Resident Engineers,
inspectors, materials sampling and testing, other key support or contract administration
staff. Provide a separate description of the experience and qualifications of the project
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manager and each key person, including a summary of experience on similar projects.
Resumés should be included for all key individuals as an appendix to the submittal.
2. Describe your project and management approach. Provide a detailed description of how
the team and scope of work will be managed.
3. A list of no more than three references for the consultant and no more than three references
for each subconsultants, including the names, addresses and telephone numbers of recent
related clients/projects, preferably other public agencies and a listing of the specific projects
and key individuals that have participated in them. Include the dollar amount related to the
participation. Identify how much experience the firm and subconsultant has had with public
agencies.
4. Describe your cost control and budgeting methodology for this project.
5. Provide responses to the following:
a. Describe critical construction related issues associated with the project and how you will
address these.
b. Describe critical environmental issues and how you will address these.
c. Describe how cost and schedule for the construction contracts and your scope of work
could be minimized.
SCOPE OF WORK
This section should establish that the proposer understands the City’s objectives and requirements,
demonstrate the proposer’s ability to meet those requirements and outline clearly and concisely
the plan for accomplishing the specified work in accordance with the time schedule as outlined in
Appendix A, Scope of Services:
1. Include a detailed Scope of Work Statement describing all services to be provided.
2. Indication of information and participation the proposer will require from City staff.
3. Describe project deliverables for each phase of your work.
CONTRACT AGREEMENT
Indicate any issues or proposed changes to the sample contract included as Appendix C.
The Consultant must provide a brief statement affirming that the proposal terms will remain in effect
for one hundred twenty (120) days following the date proposal submittals are due.
A contract will not be awarded to a consultant without an adequate financial management and
accounting system as required by 48 CFR Part 31 and 2 CFR Part 200.
FEDERAL-AID PROVISIONS
This project is federally funded, which necessitates compliance with additional federal
requirements. Special attention is directed to the LAPM Exhibit 10-I Notice to Proposers DBE
Information included in Appendix D.
The proposing Consultant must complete and submit the following forms with the proposal to be
considered responsive to this RFP:
• LAPM Exhibit 10-O1 Local Agency Proposer DBE Commitment (Consultant Contracts - The
DBE Goal for the Marsh Street Bridge Project is 0%). (Appendix D)
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• LAPM Exhibit 10-Q Disclosure of Lobbying Activities (Appendix J)
Upon award and thorough completion of the project, the successful proposing Consultant will be
required to follow applicable federal-aid requirements and will complete and submit with the
contract all relevant forms required during the project.
Consultant must demonstrate familiarity of providing services for federally funded projects and has
clear understanding of requirements/needs to facilitate the project through Caltrans Local
Assistance and the Local Assistance Procedures Manual.
REFERENCES
A list of no more than three references for the consultant and three references for each
subconsultant, including the names, addresses and telephone numbers. These references may
be the same as the references listed above in IV. Proposal Format, Section C. Organization and
Approach.
OPTIONAL – ADDITIONAL SUPPORTING INFORMATION
Provide additional supporting information, not requested above, that you believe is pertinent to
evaluating your firm’s ability to provide comparable program services.
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V. CONSULTANT EVALUATION & CONTRACT AWARD
PROPOSAL RESPONSIVENESS
Responses to this RFP must be complete. Responses that do not include the proposal content
requirements identified within this RFP and subsequent addenda will be considered incomplete
and will receive no further consideration.
EVALUATION PROCEDURES
Proposals will be evaluated according to each weighted Evaluation Criteria and scored on a zero
to five-point rating scale shown in the table below. The scores for the Evaluation Criteria will then
be multiplied according to their assigned weight to arrive at a weighted score for each firm. A firm’s
proposal or interview with a high weighted total will be deemed of higher quality than a proposal or
interview with a lesser-weighted total.
Rating Scale
0 Not
Acceptable
Non-responsive, fails to meet RFP specifications. The approach has no
probability of success in achieving project objectives per the RFP.
1 Poor
Below average, falls short of expectations, is substandard to that which is the
average or expected norm, has a low probability of success in achieving project
objectives per the RFP.
2 Fair Has a reasonable probability of success, however, some objectives may not be
met.
3 Average
Acceptable, achieves all objectives in a reasonable fashion per the RFP. This
will be the baseline score for each item with adjustments based on interpretation
of the proposal by Selection Committee.
4 Above
Average/Good
Very good probability of success, better than that which is average or expected
as the norm. Achieves all objectives per RFP requirements and expectations.
5 Excellent/
Exceptional
Exceeds expectations, very innovative, clearly superior to that which is average
or expected as the norm. Excellent probability of success and in achieving all
objectives and meeting RFP requirements and expectations.
The Proposal Evaluation Criteria and their respective weights are as follows:
No. Criteria Weight
1 Completeness of Response Pass/Fail
2 Firm Qualifications 5
3 Organization and Approach 5
4 Scope of Work 6
5 Schedule of Work 2
6 References 2
7 Risk Assessment Questionnaire Pass/Fail
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CONTRACT AWARD
The final selection of the awarded consultant will be contingent upon successful contract
negotiations and approval by the San Luis Obispo City Council. The City Public Works Director will
administer and enforce the provisions of the contract.
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VI. COST PROPOSAL
Cost proposals must follow the format of Exhibit 10-H (H2, H3, and H4), attached as Appendix H,
and must be submitted in a separate PASSWORD PROTECTED Adobe Acrobat Portable Data
Format (.pdf) file.
Cost proposals must not be included within the technical proposal. The cost proposal will detail
the billing rates for each firm’s key individuals, other position’s overhead rates and other costs.
Include any and all other costs for office, vehicle, per diem, etc. The prime consultant or any
subconsultant may not apply a mark-up fixed fee (profit) on subconsultant fees. Neither the prime
consultant nor any sub-consultant may apply a mark-up fixed fee (profit) on other direct costs. For
reimbursable travel expenses, the proposer must follow the rates provided in the City’s Travel
Policy attached as Appendix K.
The Cost Proposal must also include:
• Backup spreadsheet to support the breakdown of hours shown on the 10-H by task
• LAPM Exhibit 10-O2 Local Agency Proposer DBE Information (Consultant Contracts)
(Appendix D)
• LAPM Exhibit 10-K, Consultant Certification of Contract Cost and Financial Management
System (Appendix I), signed by the consultant and all subconsultants
The cost proposal is confidential, and only after the final ranking of consultants is complete will the
City ask the top ranked firm for their password.
The selected consultant must comply with Chapter 10.3 of the LAPM regarding the A&E Consultant
Contract Audit and Review process. All proposed contracts and supporting documents are subject
to audit or review by Caltrans’ Independent Office of Audits and Investigations, other state audit
organizations, or the federal government.
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VII. PROPOSER CHECKLIST
Please check to ensure you have included all the following documents in your submittal.
Technical Proposal not exceeding 15 pages, plus resumés (Required) ................................ □
Exhibit 10-O1 Consultant Proposal DBE Commitment Form. (Required) .............................. □
Risk Assessment Questionnaire (Required) ............................................................................. □
Designation of Subcontractor Form. (Required) ...................................................................... □
Exhibit 10-Q Disclosure of Lobbying Activities Form. (Required) .......................................... □
Please check to ensure you have included all the following documents in your password
protected Cost Proposal submittal.
Cost Proposals. (password protected) (Required) ................................................................... □
Cost Proposals. Provide backup spreadsheet (password protected) of cost proposal to
support the breakdown of hours and costs. (Required) .......................................................... □
Exhibit 10-O2 Consultant Contract DBE Commitment Form. (Required) ............................... □
Exhibit 10-K Consultant Certification of Contract Costs and Final Management System.
(Required) ..................................................................................................................................... □
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APPENDIX A – SCOPE OF SERVICES
Provide resident engineer and construction management services for the Marsh Street Bridge
Replacement contracts. The works site is approximately located near the intersection of Marsh
Street and Santa Rosa Street within the City of San Luis Obispo. The City’s project coordinator for
this Work Order will be staff from the City Public Works Department’s Construction Management
Division.
The Marsh Street Bridge contract is to be awarded to the low bidder by November 2019. The
construction is expected to begin in mid-April 2020 and allows 120 working days. The project
includes the removal, rehabilitation, and replacement of a historic reinforced concrete bridge
structure. The bridge abutments and other appurtenances will also be replaced or upgraded.
Marsh Street is a major arterial street which will be closed to traffic between mid-block and Santa
Rosa Street during the construction project.
The scope of work involved for this project may include, but is not limited to, the following tasks:
1. The Consultant will provide a registered Civil Engineer for the Resident Engineer.
2. The Consultant will provide Inspectors, Assistant Resident Engineers and other staff, as
necessary, to ensure and document that all provisions of the construction contract are
followed to the satisfaction of the City.
3. Pre-Construction Phase: Consultant’s project staff will review the project site, all contract
documents and coordinate any preliminary work items prior to the beginning of construction.
Consultant’s Resident Engineer will conduct a pre-construction meeting with the contractor,
City staff, and all stakeholders.
4. Contract Administration: Consultant will provide all contract administration, inspection and
construction observation necessary for the project and to verify compliance with the contract
documents. Consultant will prepare monthly progress payments and recommendations for
payment, prepare change orders and recommendations for approval, and review prevailing
wage compliance. Consultant will require progress schedules and updates from the
contractor and will review for feasibility and compliance with contract provisions. Consultant
will hold weekly progress meetings with contractor and City personnel.
5. Jobsite Office Trailer: Not required in this scope. The construction contract includes
provisions for the contractor to provide a jobsite trailer for the construction management
team’s use and provide electricity, phone, internet, water and sanitation services.
6. Construction Observation and Inspection: Consultant will daily observe and inspect the
work to verify that all work performed by the contractor and their subcontractors is in
accordance with the contract documents, guidelines and regulations of Cal/OSHA,
Department of Industrial Relations Construction Safety Orders, the contractors’ Code of
Safe Practices, governing City codes and regulations, and regulatory permits. Consultant
will prepare daily RE and Assistant RE reports to document the labor and equipment used
by contractor and the work completed.
7. Change Orders: Any change or addition to the scope of work in the Contract must be done
under a signed change order. Change orders must be approved by the City prior to initiating
the changed work. Verbal authorization may be given to the Consultant by the City for time
sensitive changes, in order to avoid contract delays, then followed up with a written change
order for approval.
8. Project Records: Consultant will maintain project records, construction documents, and files
in accordance with City policies and Caltrans Construction Manual standards. The Packet Pg. 70
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Consultant will prepare all final reports and a redlined set of Record Drawings. All project
records will be available to the City at any time and will be submitted to the City upon
completion of the project. Final project records shall be well organized and cataloged to the
satisfaction of the City.
9. Stakeholder Coordination: Consultant will coordinate with City staff, utility companies,
regulatory agencies, adjacent property owners, and other members of the public. Specific
work includes coordinating of timing of work, minimizing impacts to roadways, ingress and
egress to the site by the contractor and communicating work plans to interested parties, as
well as, responding to interested parties about the project. Consultant will ensure that public
outreach plans and requirements of the contract are complied with.
10. Design Coordination: Consultant will work with the designer to resolve issues that may arise
during construction, including coordination of shop drawing reviews, RFI’s, and change
orders.
11. Regulatory Permit Compliance: Consultant will understand and adhere to the requirements
of resource and regulatory agencies pursuant to the permits issued for the project.
Consultant will provide oversight of the work performed by the contractor to verify
compliance with those requirements and coordinate with resource agencies.
12. Utility Coordination: Consultant will coordinate with utility companies regarding utility
relocation, identification, and protection.
13. Materials Testing: Consultant will coordinate and provide for all materials acceptance
testing necessary to ensure and document compliance with the construction contract. All
materials testing shall be done by qualified staff or subconsultants in accordance with the
City’s QAP, Caltrans Construction Manual, and contract specifications.
14. Submittals: Consultant will review and approve all contractor’s submittals, including mix
designs and traffic control plans. Consultant will coordinate with the City and the designer,
as necessary, for review of submittals.
15. Request for Information (RFI): Consultant will review contractor RFI’s, consult with the City
and the designer, as necessary, and issue responses to the contractor.
16. Post Construction Phase: The consultant will maintain an up-to-date set of Record
Drawings, material sources, quantities, change order costs, disputed work, potential claims
and general record keeping throughout the project’s construction in order to expedite and
ensure the accuracy of the final documents and reports. The Resident Engineer will
coordinate a review of the contract items and miscellaneous punch list items prior to
recommending acceptance of the contract work. The Resident Engineer will conduct a final
walk through of the project with the City and contractor. Final reports and all project records
shall be submitted to the City no more than 30 days after final completion of the project.
Consultant prepared deliverables to the City for this project include, but are not limited to, the
following documents and records:
1. Daily reports from Resident Engineer, Assistant RE’s, and Inspectors (submit weekly)
2. Daily photos of notable issues or work progress
3. Weekly Statements of Working Days
4. Monthly progress payment forms and quantity calculations
5. Recommendations for substantial completion, final completion and acceptance.
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APPENDIX B – VICINITY MAP
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APPENDIX C – SAMPLE CONTRACT
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 [day, date, year], requested proposals for Project Manager Services for Marsh Street
Bridge Replacement Project, Specification No. 90480.
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. Scope of Services: Consultant X shall provide services listed in Appendix A.
3. Start and Completion of Work. Work on this project shall begin within 14 calendar days after contract
execution and shall be completed within 3 months after construction completion.
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.
The City also reserves the right to terminate the contract, providing a 10 (ten) 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.
The City will issue the Contractor a written notice signed by the Director, specifying that the contract is to be
terminated.
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" Packet Pg. 73
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includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or
completed by the Consultant as may be set forth in the Agreement payment schedule; compensation for
any other work, services or goods performed or provided by the Consultant shall be based solely on the
City's assessment of the value of the work-in-progress in completing the overall workscope.
The City reserves the right to delay any such payment until completion or confirmed abandonment of the
project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting
of costs. In no event, however, shall the Consultant be entitled to receive in excess of the compensation
quoted in its proposal.
If, at any time during the term of the contract, the City determines that the project is not feasible due to
funding shortages or unforeseen circumstances, the City reserves the right to terminate the contract.
Consultant will be paid compensation due and payable to the date of termination.
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. Subcontract 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 subconsultants must be approved in writing by the City. For any subcontract 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 subconsultants 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 have a financial interest in the outcome of this contract,
or any ensuing City construction project which will follow.
The Consultant covenants that it presently has no interest, and will 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 subconsultant 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 will at all times be deemed an independent Consultant
and not an agent or employee of the City.
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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 oth er 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, 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
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 subconsultants 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 subconsultants 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, Packet Pg. 75
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the Consultant and all subconsultants named in its proposal shall bear sole responsibility for proposal
preparation errors resulting from any misstatements or omissions in the specifications that could easily have
been ascertained by examining either the project site or accurate test data in the City's possession. Although
the effect of ambiguities or defects in the specifications will be as determined by law, any patent ambiguity
or defect shall give rise to a duty of Consultant to inquire prior to proposal submittal. Failure to so inquire
shall cause any such ambiguity or defect to be construed against the Consultant. An ambiguity or defect
shall be considered patent if it is of such a nature that the Consultant, assuming reasonable skill, ability and
diligence on its part, knew or should have known of the existence of the ambiguity or defect. Furthermore,
failure of the Consultant or subconsultants 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 subconsultants 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. To the fullest extent permitted by law, the Consultant
shall indemnify, protect, defend and hold harmless the City and any and all of its officials, employees
and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs
and expenses, including attorney’s fees and cost which 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. 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.
28. 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 Packet Pg. 76
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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.
29. 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.
30. Attendance at Meetings and Hearings. As part of the work scope and included in the contract price is
attendance by the Consultant to public meetings to present and discuss the project status. Consultant shall
attend as many "working" meetings with staff as necessary in performing work scope tasks.
31. 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 subconsultant invoices, similarly broken down, as supporting detail.
The Consultant shall review all project related billings within 1 week of submittal to the City and make
recommendations for payment.
32. Payment. 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.
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.
Progress payments shall be made on a monthly basis as invoiced by the Consultant for expenses incurred
with cumulative monthly payments.
33. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and
acceptance by the City of the materials, supplies, equipment or services provided by the Consultant (Net
30).
34. Resolution of Disputes. Any dispute, other than audit, concerning a question of fact arising under this
contract that is not disposed of by agreement shall be decided by a committee consisting of the City’s Project
Manager and the City Director of Public Works, who may consider written or verbal information submitted
by the Consultant. Not later than thirty days after completion of all deliverables necessary to complete the
plans, specifications and estimate, the Consultant may request review by the City Council of unresolved
claims or disputes, other than audit, in accordance with Chapter 1.20 Appeals Procedure of the Municipal
Code.
Any dispute concerning a question of fact arising under an audit of this contract that is not disposed of by
agreement, shall be reviewed by the City’s Chief Fiscal Officer. Not later than 30 days after issuance of the
final audit report, the Consultant may request a review by the City’s Chief Fiscal Officer of unresolved audit
issues. The request for review must be submitted in writing.
Neither the pendency of a dispute, nor its consideration by the City will excuse the consultant from full and
timely performance in accordance with the terms of this contract.
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35. Disadvantaged Business Enterprise (DBE). 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.” 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 has determined that DBE can
reasonably be expected to compete for the subconsulting opportunities in this agreement and has
established a DBE advisory percentage of 5%. 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, 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 subconsultants 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.
36. Agreement Parties.
City: Michael McGuire
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Consultant: X
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.
37. Incorporation by Reference. City Request for Proposal Specification No. 90480CM and Consultant's
proposal dated X, are hereby incorporated in and made a part of this Agreement.
38. 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.
39. Working Out of Scope. If, at any time during the project, the consultant is directed to do work by persons
other than the 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 Project Manager shall be at Consultant's own expense.
40. Complete Agreement. This written agreement, including all writings specifically incorporated herein by
reference, shall constitute the complete agreement between the parties hereto. No oral agreement,
understanding or representation not reduced to writing and specifically incorporated herein shall be of any
force or effect, nor shall any such oral agreement, understanding or representation be binding upon the
parties hereto. For and in consideration of the payments and agreements hereinbefore mentioned to be
made and performed by City, Consultant agrees with City to do everything required by this Agreement, the
said specification and incorporated documents.
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Authority to Execute Agreement. Both City and Consultant do covenant that each individual executing this
agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such
party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first
above written.
CITY OF SAN LUIS OBISPO
A Municipal Corporation
__________________________________
Derek Johnson, City Manager
APPROVED AS TO FORM CONSULTANT:
Name of Company
________________________________
By:________________________________
J. Christine Dietrick
City Attorney
Name of CAO/President
Its: CAO/PRESIDENT
(2nd signature required if Corporation):
By:________________________________
Name of Corporate Officer
Its: ____________________
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APPENDIX D – DBE FORMS
Exhibit 10-I Notice to Proposers DBE Information
The Agency has established a DBE goal for this Contract of ____________%
OR
The Agency has not established a goal for this Contract. However, proposers are encouraged to obtain DBE
participation for this contract.
1. TERMS AS USED IN THIS DOCUMENT
• The term “Disadvantaged Business Enterprise” or “DBE” means a for-profit small business concern
owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49,
Code of Federal Regulations (CFR), Part 26.5.
• The term “Agreement” also means “Contract.”
• Agency also means the local entity entering into this contract with the Contractor or Consultant.
• The term “Small Business” or “SB” is as defined in 49 CFR 26.65.
2. AUTHORITY AND RESPONSIBILITY
A. DBEs and other small businesses are strongly encouraged to participate in the performance of
Contracts financed in whole or in part with federal funds (See 49 CFR 26, “Participation by
Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”).
The Consultant must ensure that DBEs and other small businesses have the opportunity to participate
in the performance of the work that is the subject of this solicitation and should take all necessary and
reasonable steps for this assurance. The proposer must not discriminate on the basis of race, color,
national origin, or sex in the award and performance of subcontracts.
B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs.
3. SUBMISSION OF DBE INFORMATION
If there is a DBE goal on the contract, Exhibit 10-O1 Consultant Proposal DBE Commitment must be
included in the Request for Proposal. In order for a proposer to be considered responsible and responsive,
the proposer must make good faith efforts to meet the goal established for the contract. If the goal is not
met, the proposer must document adequate good faith efforts. All DBE participation will be counted towards
the contract goal; therefore, all DBE participation shall be collected and reported.
Exhibit 10-O2 Consultant Contract DBE Information must be included with the Request for Proposal. Even if
no DBE participation will be reported, the successful proposer must execute and return the form.
4. DBE PARTICIPATION GENERAL INFORMATION
It is the proposer’s responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and
the Department’s DBE program developed pursuant to the regulations. Particular attention is directed to the
following:
A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the
California Unified Certification Program (CUCP).
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B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor
of material or supplies, or as a trucking company.
C. A DBE proposer not proposing as a joint venture with a non-DBE, will be required to document one or
a combination of the following:
1. The proposer is a DBE and will meet the goal by performing work with its own forces.
2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers or
trucking companies.
3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal.
D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined
portions thereof. Responsibility means actually performing, managing, and supervising the work with its
own forces. The DBE joint venture partner must share in the capital contribution, control, management,
risks and profits of the joint venture commensurate with its ownership interest.
E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm
must be responsible for the execution of a distinct element of the work and must carry out its
responsibility by actually performing, managing and supervising the work.
F. The proposer shall list only one subconsultant for each portion of work as defined in their proposal and
all DBE subconsultants should be listed in the bid/cost proposal list of subconsultants.
G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the
DBE participation except that portion of the work to be performed by non-DBE subconsultants.
5. RESOURCES
A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP.
If you believe a firm is certified that cannot be located on the database, please contact the Caltrans
Office of Certification toll free number 1-866-810-6346 for assistance.
B. Access the CUCP database from the Department of Transportation, Office of Business and Economic
Opportunity Web site at: http://www.dot.ca.gov/hq/bep/.
1. Click on the link titled Disadvantaged Business Enterprise;
2. Click on Search for a DBE Firm link;
3. Click on Access to the DBE Query Form located on the first line in the center of the page.
Searches can be performed by one or more criteria. Follow instructions on the screen.
6. MATERIALS OR SUPPLIES PURCHASED FROM DBE’S COUNT TOWARDS THE DBE GOAL UNDER THE
FOLLOWING CONDITIONS:
A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the
materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or
establishment that produces on the premises the materials, supplies, articles, or equipment required
under the Contract and of the general character described by the specifications.
B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the
materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store,
warehouse, or other establishment in which the materials, supplies, articles or equipment of the general
character described by the specifications and required under the Contract are bought, kept in stock, and
regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the
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name, in the purchase and sale or lease of the products in question. A person may be a DBE regular
dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning,
operating or maintaining a place of business provided in this section.
C. If the person both owns and operates distribution equipment for the products, any supplementing of
regular dealers’ own distribution equipment shall be, by a long-term lease agreement and not an ad hoc
or Agreement-by-Agreement basis. Packagers, brokers, manufacturers’ representatives, or other persons
who arrange or expedite transactions are not DBE regular dealers within the meaning of this section.
D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be
limited to the entire amount of fees or commissions charged for assistance in the procurement of the
materials and supplies, or fees or transportation charges for the delivery of materials or supplies required
on the job site, provided the fees are reasonable and not excessive as compared with fees charged for
similar services.
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EXHIBIT 10-O1 CONSULTANT PROPOSAL DBE COMMITMENT
1. Local Agency: 2. Contract DBE Goal:
3. Project Description:
4. Project Location:
5. Consultant's Name: 6. Prime Certified DBE:
7. Description of Work, Service, or Materials
Supplied
8. DBE
Certification
Number
9. DBE Contact Information 10. DBE %
Local Agency to Complete this Section
11. TOTAL CLAIMED DBE PARTICIPATION % 17. Local Agency Contract Number:
18. Federal-Aid Project
Number:
19. Proposed Contract Execution
Date:
20. Consultant’s Ranking after
Evaluation: __________________________
Local Agency certifies that all DBE certifications are valid and
information on this form is complete and accurate.
IMPORTANT: Identify all DBE firms being claimed for credit,
regardless of tier. Written confirmation of each listed DBE is
required.
21. Local Agency Representative's
Signature
22. Date
12. Preparer's Signature 13. Date
23. Local Agency Representative's
Name
24. Phone
14. Preparer's
Name
15. Phone
25. Local Agency Representative's Title 16. Preparer's Title
DISTRIBUTION: Original – Included with consultant’s proposal to local agency.
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-
3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Packet Pg. 83
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INSTRUCTIONS – CONSULTANT PROPOSAL DBE COMMITMENT
CONSULTANT SECTION
1. Local Agency - Enter the name of the local or regional agency that is funding the contract.
2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.
3. Project Location - Enter the project location as it appears on the project advertisement.
4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab,
Seismic Rehab, Overlay, Widening, etc.).
5. Consultant’s Name - Enter the consultant’s firm name.
6. Prime Certified DBE - Check box if prime contractor is a certified DBE.
7. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to
be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s
own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe
the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the
participation of DBE firms.
8. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be
certified on the date bids are opened.
9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted
consultants. Also, enter the prime consultant’s name and phone number, if the prime is a DBE.
10. DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime
consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.
11. Total Claimed DBE Participation % - Enter the total DBE participation claimed. If the total % claimed is
less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see
Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).
12. Preparer’s Signature - The person completing the DBE commitment form on behalf of the consultant’s
firm must sign their name.
13. Date - Enter the date the DBE commitment form is signed by the consultant’s preparer.
14. Preparer’s Name - Enter the name of the person preparing and signing the consultant’s DBE commitment
form.
15. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment
form.
16. Preparer’s Title - Enter the position/title of the person signing the consultant’s DBE commitment form.
LOCAL AGENCY SECTION
17. Local Agency Contract Number - Enter the Local Agency contract number or identifier.
18. Federal-Aid Project Number - Enter the Federal-Aid Project Number.
19. Proposed Contract Execution Date - Enter the proposed contract execution date.
20. Consultant’s Ranking after Evaluation – Enter consultant’s ranking after all submittals/consultants are
evaluated. Use this as a quick comparison for evaluating most qualified consultant.
21. Local Agency Representative’s Signature - The person completing this section of the form for the Local
Agency must sign their name to certify that the information in this and the Consultant Section of this form is
complete and accurate.
22. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.
23. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the
consultant’s DBE commitment form.
24. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment
form.
25. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying
the consultant’s DBE commitment form.
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EXHIBIT 10-O2 CONSULTANT CONTRACT DBE COMMITMENT
1. Local Agency: 2. Contract DBE Goal:
3. Project Description:
4. Project Location:
5. Consultant's Name: 6. Prime Certified DBE: 7. Total Contract Award Amount:
8. Total Dollar Amount for ALL Subconsultants: 9. Total Number of ALL Subconsultants:
10. Description of Work, Service, or Materials
Supplied
11. DBE
Certification
Number
12. DBE Contact Information
13. DBE
Dollar
Amount
Local Agency to Complete this Section
14. TOTAL CLAIMED DBE
PARTICIPATION
$ 20. Local Agency Contract
Number:
21. Federal-Aid Project
Number:
% 22. Contract Execution
Date:
Local Agency certifies that all DBE certifications are valid and information
on this form is complete and accurate.
IMPORTANT: Identify all DBE firms being claimed for
credit, regardless of tier. Written confirmation of each listed
DBE is required.
23. Local Agency Representative's
Signature
24. Date
15. Preparer's Signature 16. Date
25. Local Agency Representative's
Name
26. Phone
17. Preparer's
Name
18. Phone
27. Local Agency Representative's Title 19. Preparer's Title
DISTRIBUTION: 1. Original – Local Agency
2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract
execution may result in de-obligation of federal funds on contract.
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-
3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Packet Pg. 85
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INSTRUCTIONS – CONSULTANT CONTRACT DBE COMMITMENT
CONSULTANT SECTION
1. Local Agency - Enter the name of the local or regional agency that is funding the contract.
2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.
3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab,
Seismic Rehab, Overlay, Widening, etc).
4. Project Location - Enter the project location as it appears on the project advertisement.
5. Consultant’s Name - Enter the consultant’s firm name.
6. Prime Certified DBE - Check box if prime contractor is a certified DBE.
7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant.
8. Total Dollar Amount for ALL Subconsultants – Enter the total dollar amount for all subcontracted
consultants. SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.
9. Total number of ALL subconsultants – Enter the total number of all subcontracted consultants. SUM =
(DBEs + all Non-DBEs). Do not include the prime consultant information in this count.
10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials
to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s
own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DB E, describe
the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the
participation of DBE firms.
11. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be
certified on the date bids are opened.
12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted
consultants. Also, enter the prime consultant’s name and phone number, if the prime is a DBE.
13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be
provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial
participation.
14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the “DBE Dollar Amount”
column. %: Enter the total DBE participation claimed (“Total Participation Dollars Claimed” divided by item
“Total Contract Award Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately
documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of
the LAPM).
15. Preparer’s Signature - The person completing the DBE commitment form on behalf of the consultant’s
firm must sign their name.
16. Date - Enter the date the DBE commitment form is signed by the consultant’s preparer.
17. Preparer’s Name - Enter the name of the person preparing and signing the consultant’s DBE commitment
form.
18. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment
form.
19. Preparer’s Title - Enter the position/title of the person signing the consultant’s DBE commitment form.
LOCAL AGENCY SECTION
20. Local Agency Contract Number - Enter the Local Agency contract number or identifier.
21. Federal-Aid Project Number - Enter the Federal-Aid Project Number.
22. Contract Execution Date - Enter the date the contract was executed.
23. Local Agency Representative’s Signature - The person completing this section of the form for the Local
Agency must sign their name to certify that the information in this and the Consultant Section of this form is
complete and accurate.
24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.
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25. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the
consultant’s DBE commitment form.
26. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment
form.
27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying
the consultant’s DBE commitment form.
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APPENDIX E – EXHIBIT 6-A PRELIMINARY ENVIRONMENTAL STUDY (PES) FORM
(Attached as a separate document.)
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APPENDIX F – RISK ASSESSMENT QUESTIONNAIRE
(Attached as a separate document.)
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APPENDIX G – DESIGNATION OF SUBCONTRACTORS FORM
PROPOSER LIST – For Federally Funded Contracts
All consultants are required to provide the following information for all DBE and non-DBE consultants, who
provided a proposal or were contacted by the proposed prime consultant. This information is also required of
the proposed prime consultant and must be submitted with their proposal. The City of San Luis Obispo will use
this information to maintain and update a “Proposers List” to assist in the annual Disadvantaged Business
Enterprise goal setting process required for Federally Funded projects. This information is also being made
available to other local agencies for the same purpose. To the extent permitted by law, all information submitted
will be held in strict confidence by the agencies and will not be shared without your consent except as noted
above.
Consultant: Prime Consultant OR Subconsultant
Firm Name: Contact Person:
Years in Business: Address:
Phone: Fax: Certified DBE under 49 CFR Part 26?
Yes No
Gross Annual Receipts for Last Year:
Less than $1 Million
Less than $15 Million
Less than $5 Million
More than $15 Million
Less than $10 Million
Consultant Specialties:
Architecture
Architectural Engineering
Bridge Design
Civil Engineering
Construction Management
Drafting
Electrical Engineering
Other (describe):
Environmental Studies
Feasibility Studies
Geotechnical Engineering
Hydraulics & Hydrology
Landscape Architecture
Materials Testing
Mechanical Engineering
Public Relations
ROW Appraisal & Acquisition
Surveying & Mapping
Structural Engineering
Traffic Engineering & Studies
Consultant: Prime Consultant OR Subconsultant
Firm Name: Contact Person:
Years in Business: Address:
Phone: Fax: Certified DBE under 49 CFR Part 26?
Yes No
Gross Annual Receipts for Last Year:
Less than $1 Million
Less than $15 Million
Less than $5 Million
More than $15 Million
Less than $10 Million
Consultant Specialties:
Architecture
Architectural Engineering
Bridge Design
Civil Engineering
Construction Management
Drafting
Electrical Engineering
Other (describe):
Environmental Studies
Feasibility Studies
Geotechnical Engineering
Hydraulics & Hydrology
Landscape Architecture
Materials Testing
Mechanical Engineering
Public Relations
ROW Appraisal & Acquisition
Surveying & Mapping
Structural Engineering
Traffic Engineering & Studies
Copy sheet as needed
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Item 6
City of San Luis Obispo RFP No. 90480 July 18, 2019 Page 39
RESIDENT ENGINEER AND CONSTRUCTION MANAGEMENT SERVICES FOR MARSH STREET
BRIDGE REPLACEMENT PROJECT
APPENDIX H – EXHIBIT 10-H(2-4) SAMPLE COST PROPOSAL
(Attached as a separate document.)
Packet Pg. 91
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City of San Luis Obispo RFP No. 90480 July 18, 2019 Page 40
RESIDENT ENGINEER AND CONSTRUCTION MANAGEMENT SERVICES FOR MARSH STREET
BRIDGE REPLACEMENT PROJECT
APPENDIX I – EXHIBIT 10-K CONSULTANT CERTIFICATION OF CONTRACT COSTS
AND FINANCIAL MANAGEMENT SYSTEM
(Attached as a separate document.)
Packet Pg. 92
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City of San Luis Obispo RFP No. 90480 July 18, 2019 Page 41
RESIDENT ENGINEER AND CONSTRUCTION MANAGEMENT SERVICES FOR MARSH STREET
BRIDGE REPLACEMENT PROJECT
APPENDIX J – EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
(Attached as a separate document.)
Packet Pg. 93
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City of San Luis Obispo RFP No. 90480 July 18, 2019 Page 42
RESIDENT ENGINEER AND CONSTRUCTION MANAGEMENT SERVICES FOR MARSH STREET
BRIDGE REPLACEMENT PROJECT
APPENDIX K – CITY TRAVEL POLICY
(Attached as a separate document.)
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City of San Luis Obispo RFP No. 90480 July 18, 2019 Page 43
RESIDENT ENGINEER AND CONSTRUCTION MANAGEMENT SERVICES FOR MARSH STREET
BRIDGE REPLACEMENT PROJECT
APPENDIX L – QUALITY ASSURANCE PROGRAM
(Attached as a separate document.)
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Item 6
City of San Luis Obispo RFP No. 90480 July 18, 2019 Page 44
RESIDENT ENGINEER AND CONSTRUCTION MANAGEMENT SERVICES FOR MARSH STREET
BRIDGE REPLACEMENT PROJECT
APPENDIX M – CONTRACT DOCUMENTS FOR
MARSH STREET BRIDGE PROJECT
(Attached as a separate document.)
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