HomeMy WebLinkAbout08-20-2013 c6 prado rd bridge widening contract services
FROM: Daryl R. Grigsby, Director of Public Works
Prepared By: Jake Hudson, Traffic Operations Manager
SUBJECT: PRADO RD. BRIDGE WIDENING CONSULTANT SERVICES RFP,
SPECIFICATION NO. 91203
RECOMMENDATION
1. Approve the Request of Proposals (RFP) to provide consultant services for the Prado Rd.
Bridge Widening Project, Specification No. 91203; and
2. Authorize the City Manager to execute an agreement with the selected consulting firm; and
3. Authorize the Finance Director to execute and amend Purchase Orders under the executed
agreement in an amount not-to-exceed the authorized project budget.
DISCUSSION
The Prado Road Creek Bridge west of Higuera Street has been identified for widening to four lanes
as part of the City’s Circulation Element. In addition, this project is incorporated in the
Transportation Impact Fee Program. The overall purpose of this project is to add bicycle and
pedestrian connections where none currently exist on the bridge, provide connections to the Bob
Jones City-to-Sea multiuse trail, provide the traffic capacity needed to support development in the
Margarita & Airport areas, and address any structural or flood capacity issues associated with the
Bridge. Awarding a contract for consultant services is the first step in an estimated five-year process
to complete this project.
This widening is assumed as a funded and completed project in various environmental impact
reports for projects within the vicinity. It is also required to accommodate project mitigation
measures such as adding a second left turn lane from Northbound Higuera to Westbound Prado and
adding a second Westbound lane through on Prado. Project development on this bridge widening
was initially started in 2001-03, however because of limited development activity in the Margarita
and Airport area at that time the project was suspended. Now that development activities in those
areas are currently underway, it is critical that work on the bridge widening begin. Given the scope
of the project it will take several years to complete.
As part of the 2013-15 budget the Council approved the use of Transportation Impact Fee funding
to begin project development work. As part of this approval an initial $40,000 was approved to
prepare a Project Study Report (PSR), which consists of preliminary studies to refine the scope,
schedule, and cost estimates. At this point, the preliminary estimate of the project is $1.2 million for
environmental studies, permitting, right-of-way, and design over the course of the next five years
and $6.0 million in 2018-19 for construction. Once the project study report is completed, staff will
return with recommendations to refine the project schedule and cost estimates.
Meeting Date
Item Number 8/20/2013
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Prado Rd. Bridge Widening, Spec. No. 91203 Page 2
CONCURRENCES
The Community Development Department, Utilities Department, and Natural Resources Division
have reviewed the RFP and staff report and concur with the recommendation.
FISCAL IMPACT
This project is funded through the Transportation Impact Fee program and approved in the 2013-15
budget with an initial allocation of $40,000 to begin preliminary studies and produce a project study
report. There is enough funding allocated under the financial plan to support this expenditure.
As this is a long term project spanning years beyond the scope of the financial plan, staff will return
for authorization of future expenditures as part of regular budget cycles and budget amendment
requests. Expenditures under this consultant services agreement shall not exceed the Council
authorized project budget. Projections of the Traffic Impact Fee fund indicate that collected impact
fees should cover the $1.2 million in project development work over the next five years. It is
anticipated that the estimated $6 million in construction costs in 2018-19 will be either debt
financed or funded through the State Highway Bridge grant program. A critical component of the
consultant services contract is to develop funding strategies and pursue viable grant opportunities.
ALTERNATIVES
1. Do not approve the RFP and deny the project. Staff does not recommend this alternative as the
project was approved in the 2013-15 budget, the City has been collecting fees for this project
through the Citywide Transportation Impact Fee Program, and the project is an assumed
improvement in many certified Environmental Impact Reports for projects in the vicinity. Denying
the project would in turn require restructuring the City’s Transportation Impact Fee Program,
reopening certified EIRs for projects and specific plans (such as the Margarita Area and Airport
Area), and restarting EIRs for projects currently under review such as Chevron. In addition to the
CEQA and Impact Fee program impacts, denying this project would result in future levels of traffic
congestion well beyond maximum industry and City established thresholds.
2. Defer RFP and project until a later date. Staff does not recommend this alternative as the
project schedule coincides with schedules for private development such as Serra Meadows,
Mindbody, SESLOC, and Chevron. If this project is deferred, other projects will not be able to
implement the required mitigation measures and traffic congestion will exceed City established
thresholds.
ATTACHMENT
Consultant Services RFP
t:\council agenda reports\2013\2013-08-20\prado bridge widening consultant services rfp (grigsby - hudson)\consultant services rfp.docx
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Attachment 1
The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
919 Palm Street San Luis Obispo, CA 93401
Notice Requesting Proposals for
Prado Road Bridge Widening
Bridge # 49C0107
Specification No. #91203
August , 2013
The City of San Luis Obispo is requesting sealed proposals for complete project management,
preliminary project study, environmental, regulatory/permitting, right-of-way, and construction document
preperation services for widening the Prado Road Creek Bridge pursuant to Specification No. 91203. All
proposals must be received by the Public Works Department by 2:00 p.m. on Tuesday, XXXXX XX,
2013 at the Public Works Dept., 919 Palm Street, San Luis Obispo, CA 93401.
Proposals received after said time will not be considered. Proposals shall be submitted using the forms
provided in the specification package. NO FAX SUBMITTALS WILL BE ACCEPTED.
Obtaining a Specification Package
• Download from the City’s Web site www.slocity.org - Bids & Proposals page, via eBidBoard.
• Pick up a copy of the RFP at the above address.
• Mail a request to the City of San Luis Obispo Public Works Department at the above address.
• Fax a request to the City of San Luis Obispo at 805-781-7537 – include company name, street
address, phone, fax, email and the name of the contact person.
Requests must include the RFP title and specification number.
A list of companies that have requested a copy of the proposal is maintained on the web page.
Project Detail Information
All questions regarding the RFP shall be submitted in writing to Jake Hudson, Traffic Operations
manager via letter or email at jhudson@slocity.org. All questions and responses will be posted to the
City’s eBidBoard page.
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Attachment 1
Specification No. 91203
TABLE OF CONTENTS
A. Description of Work 1
B. General Terms and Conditions 5
Proposal Requirements
Contract Award and Execution
Contract Performance
C. Special Terms and Conditions 8
Contract Term
Proposal Content
Proposal Evaluation and Selection
Expected Proposal Review and Award Schedule
D. Agreement 11
E. Insurance Requirements 19
F. Proposal Submittal Forms 21
Acknowledgement
Proposal Submittal Summary
References
F. Appendices 21
Location map
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Attachment 1
Prado Road Bridge Widening, Specification No. 91203
1
Section A
SCOPE OF WORK
PROJECT BACKGROUND
The Prado Road Bridge is located approximately 150 feet west of the intersection of Prado Road and
Higuera Street. This bridge provides a critical East/West connection in the area between Madonna Road
& Broad Street, with connections to State Route 101. The existing bridge was constructed in 1957 and is
a reinforced concrete structure on pile bents; the bridge is narrow and only allows for a two lane road with
no sidewalks or bike lanes. The most recent bridge inspection report from the State Department of
Transportation Structure maintenance Division classified the bridge as functionally obsolete and
established a sufficiency rating of 76.2 which is considered deficient by the Federal Highways
Administration.
The limited traffic capacity of the bridge currently results in unacceptable levels of peak hour congestion
and is projected to worsen with new development in the Margarita and Airport areas currently underway.
This project is included in the City’s Transportation Impact Fee program and is as an assumed project in
specific plans and Environmental Impact Reports which have established mitigation measures that are
dependent on the widening of this bridge (Ex… Dual North Bound Left turns lanes at Higuera & Prado
and Dual WB thru lanes at Higuera & Prado).
The overall purpose of this project is to widen the bridge to upgrade its functionally obsolete
classification, accommodate bicycle and pedestrians connections, accommodate required mitigation
measures of private development in the vicinity, and satisfy current and future maximum level of service
thresholds.
SCOPE OF WORK
The City is seeking a qualified consulting firm / team to provide complete project management services
and to complete preliminary studies, environmental clearances and documentation, funding strategies
including application to the Local Highway Bridge Program (HBP), construction documents and right of
way services necessary to the bring the bridge widening project to construction. This would include but is
not limited to completion of a project study report, all field survey work and legal descriptions, hydraulic
and geotechnical studies and any necessary studies needed for the environmental report and permitting
applications, obtaining all regulatory agency permits and clearances and attending public meetings.
Environmental / soils work must include a site assessment for contamination anticipated by known
presence of hydrocarbons and testing for naturally occurring asbestos. Right of way appraisals and
acquisition services shall also be provided by the consulting firm / team. Before design begins, the
existing structure must be evaluated as part of the project study report, to determine if it is cost effective
to rehabilitate the structure and widen the existing bridge, or demolish the structure and build an entirely
new bridge.
Currently the duration of this contract is expected to be 5 years with construction anticipated in 2018-19.
The estimated cost of this contract is $1.2 million over the course of that period with construction costs
currently estimated at $6 million. All pre-construction work will be funded thru local Traffic Impact Fees,
the City anticipates using a combination of local Traffic Impact Fees and Federal Highway Bridge
program grant if available to fund the construction work. Funding for the project/contract will be
approved incrementally as the project during extends beyond the City’s financial planning horizon. An
initial $40,000 has been approved to complete a project study report, once project schedules and estimates
are refined as part of that study report authorization for the remaining funding and project schedule will
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Prado Road Bridge Widening, Specification No. 91203
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be requested.
The following list is a summary of the anticipated work efforts under the project scope; this is
not expected to be an all-inclusive list but an example of the necessary tasks and deliverables.
1. Preliminary Studies
Formal Project Study Report
- Including review of historical structure analyses & hydraulic studies.
- Including cost comparison of widening/rehabilitation vs complete replacement
Testing and evaluation of existing structure
Hydraulic study review of structure to determine necessary width for 100 year storm passage.
Recommendation for widening/rehabilitation of existing structure vs. complete replacement.
2. Environmental
Environmental technical study reports
State and Federal environmental clearance documents
Permit applications and follow-up
Corrective Action Plan for impacted soil
Attendance at meetings
3. Design
Preliminary design for environmental clearances, permit applications and ROW needs
Study reports
Utility relocation and installation coordination
Design exceptions
PS& E package
Addendums – if required
4. Right of Way
Determination of the extent of necessary easements for construction and mitigation
Record search for existing easements and title reports
Legal descriptions – anticipate 4 temporary and 4 permanent easements
5. Construction Engineering
Answer questions and provide additional details as needed at no additional cost to the City
Revise plans as needed to address unknown conditions, paid for as additional work in accordance
with this agreement
The Consultant may or may not be required to provide the following construction
engineering services depending on City staffing limitations at the time of construction. The
Consultant must be able to provide these services if required. The City Project Manager will
provide construction support for approval of change orders and payments.
Full time on site inspection
Structure representative as needed
Environmental Monitoring
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Attachment 1
Prado Road Bridge Widening, Specification No. 91203
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Section B
GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal shall meet
all of the terms, and conditions of the Request for Proposals (RFP) specifications package. By
virtue of its proposal submittal, the proposer acknowledges agreement with and acceptance of all
provisions of the RFP specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the
specifications and accompanied by any other required submittals or supplemental materials.
Proposal documents shall be enclosed in an envelope that shall be sealed and addressed to the
Public Works Department, City of San Luis Obispo, 919 Palm Street, San Luis Obispo, CA,
93401. In order to guard against premature opening, the proposal should be clearly labeled with
the proposal title, specification number, name of proposer, and date and time of proposal opening.
NO FAX SUBMITTALS WILL BE ACCEPTED.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the proposer’s insurance
coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are
not required until contract award. The City’s insurance requirements are detailed in Section E.
4. Proposal Quotes and Unit Price Extensions. The extensions of unit prices for the quantities
indicated and the lump sum prices quoted by the proposer must be entered in figures in the spaces
provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The
Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount
stated by any proposer for any item are not in agreement, the unit price alone will be considered
as representing the proposer's intention and the proposal total will be corrected to conform to the
specified unit price.
5. Proposal Withdrawal and Opening. A proposer may withdraw its proposal, without prejudice
prior to the time specified for the proposal opening, by submitting a written request to the
Director of Finance for its withdrawal, in which event the proposal will be returned to the
proposer unopened. No proposal received after the time specified or at any place other than that
stated in the "Notice Requesting Proposals" will be considered. All proposals will be opened and
declared publicly. Proposers or their representatives are invited to be present at the opening of
the proposals.
6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed
to make or file, or to be interested in more than one proposal, except an alternative proposal when
specifically requested; however, an individual or business entity that has submitted a sub-
proposal to a proposer submitting a proposal, or who has quoted prices on materials to such
proposer, is not thereby disqualified from submitting a sub-proposal or from quoting prices to
other proposers submitting proposals.
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7. Cooperative Purchasing. During the term of the contract, the successful proposer will extend all
terms and conditions to any other local governmental agencies upon their request. These
agencies will issue their own purchase orders, will directly receive goods or services at their place
of business and will be directly billed by the successful proposer.
8. Communications. All timely requests for information submitted in writing will receive a written
response from the City. Telephone communications with City staff are not encouraged, but will
be permitted. However, any such oral communication shall not be binding on the City.
CONTRACT AWARD AND EXECUTION
9. Proposal Retention and Award. The City reserves the right to retain all proposals for a period
of 60 days for examination and comparison. The City also reserves the right to waive
non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one
part of a proposal and accept the other, except to the extent that proposals are qualified by
specific limitations. See the "special terms and conditions" in Section C of these specifications
for proposal evaluation and contract award criteria.
10. Competency and Responsibility of Proposer. The City reserves full discretion to determine the
competence and responsibility, professionally and/or financially, of proposers. Proposers will
provide, in a timely manner, all information that the City deems necessary to make such a
decision.
11. Contract Requirement. The proposer to whom award is made (Consultant) shall execute a
written contract with the City within ten (10) calendar days after notice of the award has been
sent by mail to it at the address given in its proposal. The contract shall be made in the form
adopted by the City and incorporated in these specifications.
12. Insurance Requirements. The Consultant shall provide proof of insurance in the form,
coverages and amounts specified in Section E of these specifications within 10 (ten) calendar
days after notice of contract award as a precondition to contract execution.
13. Business Tax. The Consultant must have a valid City of San Luis Obispo business tax certificate
before execution of the contract. Additional information regarding the City's business tax
program may be obtained by calling (805) 781-7134.
CONTRACT PERFORMANCE
14. 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 federal, state, county, city, and
special district laws, ordinances, and regulations.
15. Laws to be Observed. 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.
16. 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,
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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.
17. Audit. The City shall have the option of inspecting and/or auditing all records and other written
materials used by Consultant in preparing its invoices to City as a condition precedent to any
payment to Consultant.
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Prado Road Bridge Widening, Specification No. 91203
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Section C
SPECIAL TERMS AND CONDITIONS
1. Proposal Content. Your proposal must include the following information:
Submittal Forms
a. Proposal submittal summary.
b. Certificate of insurance.
c. Statement of past contract disqualifications
d. References from at least three firms for whom you have provided similar services.
Qualifications
e. Experience of your firm in performing similar services.
f. Resumes of the individuals who would be assigned to this project, including any sub-
consultants.
g. Standard hourly billing rates for the assigned staff, including any sub-consultants.
h. Statement and explanation of any instances where your firm has been removed from a
project or disqualified from proposing on a project.
Work Program
i. Description of your approach to completing the work including a proposed project
schedule.
j. Estimated hours and rates for your staff in performing each major phase of the work
specified in the provided work program. Include sub-consultants and an estimated total
project cost.
k. Services or data to be provided by the City.
l. Any other information that would assist us in making this contract award decision.
m. An example of a similar work project, completed by your firm, if available.
Compensation
n. Progress payments shall be made on a monthly basis as invoiced by the Consultant.
o. Expenditures will be authorized on a phase by phase basis; the consultant shall not
exceed the authorized expenditure amount.
Proposal Length and Copies
p. Proposals should not exceed 30 pages, including attachments and supplemental materials.
q. Three copies of the proposal must be submitted.
2. Proposal Evaluation and Selection. Proposals will be evaluated by a review committee based
on the following criteria:
a. Understanding of the work required by the City.
b. Quality, clarity and responsiveness of the proposal.
c. Demonstrated competence and professional qualifications necessary for successfully
performing the work required by the City.
d. Recent experience in successfully performing similar services.
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e. Proposed approach in completing the work.
f. References.
g. Background and related experience of the specific individuals to be assigned to this
project.
h. Proposed compensation.
As reflected above, contract award will not be based solely on price, but on a combination of
factors as determined to be in the best interest of the City. After evaluating the proposals and
discussing them further with the finalists or the tentatively selected Consultant, the City reserves
the right to further negotiate the proposed work and/or method and amount of compensation.
3. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule
for proposal review and contract award:
a. Issue RFP 8/21/13
b. Receive proposals 9/18/13
c. Complete proposal evaluation 10/2/13
d. Conduct finalist interviews (if needed) 10/9/13
e. Finalize staff recommendation 10/11/13
f. Award contract 11/2/13
4. Ownership of Materials. All original drawings, plan documents and other materials prepared by
or in possession of the Consultant as part of the work or services under these specifications shall
become the permanent property of the City, and shall be delivered to the City upon demand.
5. Release of Reports and Information. Any reports, information, data, or other material given to,
prepared by or assembled by the Consultant as part of the work or services under these
specifications shall be the property of City and shall not be made available to any individual or
organization by the Consultant without the prior written approval of the City.
6. 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.
7. Required Deliverable Products. The Consultant will be required to provide:
a. Three copies of proposal addressing all elements of the workscope. City staff will review
any documents or materials provided by the Consultant and, where necessary, the
Consultant will be required to respond to staff comments and make such changes as
deemed appropriate.
b. When computers have been used to produce materials submitted to the City as a part of
the workscope, the Consultant must provide the corresponding computer files to the City,
compatible with the following programs whenever possible unless otherwise directed by
the project manager:
• Word Processing Word
• Spreadsheets Excel
• Desktop Publishing Adobe InDesign
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• Computer Aided Drafting (CAD) AutoCAD
8. Attendance at Meetings and Hearings. As part of the workscope and included in the contract
price is attendance by the Consultant at public meetings to present and discuss its findings and
recommendations. Consultant shall attend, either in person or remotely, as many "working"
meetings with staff as necessary in performing workscope tasks.
9. Accuracy of RFP . The specifications for this project are believed by the City to be accurate and
to contain no affirmative misrepresentation or any concealment of fact. Proposers are cautioned
to undertake an independent analysis of any test results in the specifications, as City does not
guaranty the accuracy of its interpretation of test results contained in the specifications package.
In preparing its proposal, the proposer and all subcontractors named in its proposal shall bear sole
responsibility for proposal preparation errors resulting from any misstatements or omissions in
the plans and 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 plans and specifications will be as determined by law, any patent ambiguity or
defect shall give rise to a duty of proposer to inquire prior to proposal submittal. Failure to so
inquire shall cause any such ambiguity or defect to be construed against the proposer. An
ambiguity or defect shall be considered patent if it is of such a nature that the proposer, 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 proposer or subcontractors to notify City in
writing of specification or plan 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 proposer to achieve the project’s objective or standard
beyond the amounts provided there for 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 plans and/or specifications, or any other matter whatsoever, Consultant
shall immediately notify the City in writing, and the Consultant and all subcontractors 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.
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Section D
FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on __________ by and
between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and
____________________________, hereinafter referred to as Consultant.
W I T N E S S E T H
WHEREAS, on DATE, requested proposals for Prado Road Bridge Widening per Specification
No. 91203.
WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted by City
for said services.
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants
hereinafter contained, the parties hereto agree as follows:
1. Term. The term of this Agreement shall be from the date this Agreement is made and entered, as
first written above, until acceptance or completion of said services.
2. Start and Completion of Work. Work on this project shall begin within 7 calendar days after
contract execution.
3. Contract Term. The services identified in this specification will be contracted for by the City
between November 2013 and November 2018. Actual work may extend beyond the final date.
4. Contract Extension. The term of the contract may be extended by mutual consent.
Cost Increases. During the term of the agreement labor rates may be increased to reflect increased
labor costs and overhead at each 1 year contract anniversary.. The requested labor rate increases shall
not increase by a percentage greater than the percentage increase in the U.S. Consumer Price
index/All Urban Consumers (CPI-U) from March in the previous year to March in the year of
adjustment upon request of the consultant.
5. Work Delays. Should the Consultant be obstructed or delayed in the work required to be done
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire,
earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to
federal government restrictions arising out of defense or war programs, then the time of completion
may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the
Consultant. In the event that there is insufficient time to grant such extensions prior to the completion
date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages
that may have accrued for failure to complete on time, due to any of the above, after hearing evidence
as to the reasons for such delay, and making a finding as to the causes of same.
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6. Termination. If, during the term of the contract, the City determines that the Consultant is not
faithfully abiding by any term or condition contained herein, the City may notify the Consultant in
writing of such defect or failure to perform. This notice must give the Consultant a 10 (ten) calendar
day notice of time thereafter in which to perform said work or cure the deficiency.
If the Consultant has not performed the work or cured the deficiency within the ten days specified in
the notice, such shall constitute a breach of the contract and the City may terminate the contract
immediately by written notice to the Consultant to said effect. Thereafter, neither party shall have
any further duties, obligations, responsibilities, or rights under the contract except, however, any and
all obligations of the Consultant's surety shall remain in full force and effect, and shall not be
extinguished, reduced, or in any manner waived by the termination thereof.
In said event, the Consultant shall be entitled to the reasonable value of its services performed from
the beginning date in which the breach occurs up to the day it received the City's Notice of
Termination, minus any offset from such payment representing the City's damages from such breach.
"Reasonable value" includes fees or charges for goods or services as of the last milestone or task
satisfactorily delivered or completed by the Consultant as may be set forth in the Agreement payment
schedule; compensation for any other work, services or goods performed or provided by the
Consultant shall be based solely on the City's assessment of the value of the work-in-progress in
completing the overall workscope.
The City reserves the right to delay any such payment until completion or confirmed abandonment of
the project, as may be determined in the City's sole discretion, so as to permit a full and complete
accounting of costs. In no event, however, shall the Consultant be entitled to receive in excess of the
compensation quoted in its proposal.
If, at any time during the term of the contract, the City determines that the project is not feasible due
to funding shortages or unforeseen circumstances, the City reserves the right to terminate the contract.
Consultant will be paid compensation due and payable to the date of termination.
7. Ability to Perform. The Consultant warrants that it possesses, or has arranged through subcontracts,
all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the
work hereunder in compliance with any and all applicable federal, state, county, city, and special
district laws, ordinances, and regulations.
8. Sub-contract Provisions. No portion of the work pertinent to this contract shall be subcontracted
without written authorization by the City, except that which is expressly identified in the Consultant’s
proposal. Any substitution of sub-consultants must be approved in writing by the City. For any sub-
contract for services in excess of $25,000, the subcontract shall contain all provisions of this
agreement.
9. Contract Assignment. The Consultant shall not assign, transfer, convey or otherwise dispose of the
contract, or its right, title or interest, or its power to execute such a contract to any individual or
business entity of any kind without the previous written consent of the City.
10. Inspection. The Consultant shall furnish City with every reasonable opportunity for City to ascertain
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.
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11. Record Retention and Audit. For the purpose of determining compliance with various laws and
regulations as well as performance of the contract, the Consultant and sub-consultants shall maintain
all books, documents, papers, accounting records and other evidence pertaining to the performance of
the contract, including but not limited to the cost of administering the contract. Materials shall be
made available at their respective offices at all reasonable times during the contract period and for
three years from the date of final payment under the contract. Authorized representatives of the City
shall have the option of inspecting and/or auditing all records. For Federally funded projects, access
to records shall also include authorized representatives of the State and Federal government. Copies
shall be furnished if requested.
12. Conflict of Interest. The Consultant shall disclose any financial, business, or other relationship with
the City that may have an impact upon the outcome of this contract, or any ensuing City construction
project. The Consultant shall also list current clients who may have a financial interest in the
outcome of this contract, or any ensuing City construction project which will follow.
The Consultant covenants that it presently has no interest, and shall not acquire any interest—direct,
indirect or otherwise—that would conflict in any manner or degree with the performance of the work
hereunder. The Consultant further covenants that, in the performance of this work, no sub-consultant
or person having such an interest shall be employed. The Consultant certifies that no one who has or
will have any financial interest in performing this work is an officer or employee of the City. It is
hereby expressly agreed that, in the performance of the work hereunder, the Consultant shall at all
times be deemed an independent Consultant and not an agent or employee of the City.
13. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that this contract
was not obtained or secured through rebates, kickbacks or other unlawful consideration, either
promised or paid to any City employee. For breach or violation of the warranty, the City shall have
the right in its discretion; to terminate the contract without liability; to pay only for the value of the
work actually performed; to deduct from the contract price; or otherwise recover the full amount of
such rebate, kickback or other unlawful consideration.
14. Covenant Against Contingent Fees. The Consultant warrants by execution of this contract that no
person or selling agency has been employed, or retained, to solicit or secure this contract upon an
agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting
bona fide employees or bona fide established commercial or selling agencies maintained by the
Consultant for the purpose of securing business. For breach or violation of this warranty, the City has
the right to annul this contract without liability; pay only for the value of the work actually
performed, or in its discretion, to deduct from the contract price or consideration, or otherwise
recover the full amount of such commission, percentage, brokerage, or contingent fee.
15. Compliance with Laws and Wage Rates. The Consultant shall keep itself fully informed of and
shall observe and comply with all applicable state and federal laws and county and City of San Luis
Obispo ordinances, regulations and adopted codes during its performance of the work. This includes
compliance with prevailing wage rates and their payment in accordance with California Labor Code.
For purposed of this paragraph, “construction” includes work performed during the design and
preconstruction phases of construction, including but not limited to, inspection and land surveying
work.
16. Payment of Taxes. The contract prices shall include full compensation for all taxes that the
Consultant is required to pay.
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17. Permits, Licenses and Filing Fees. The Consultant shall procure all permits and licenses, pay all
charges and fees, and file all notices as they pertain to the completion of the Consultant’s work.
18. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety
established by OSHA and the California Division of Industrial Safety.
19. Public and Employee Safety. Whenever the Consultant's operations create a condition hazardous to
the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and
maintain such fences, traffic control, temporary railings, barricades, lights, signs and other devices
and take such other protective measures as are necessary to prevent accidents or damage or injury to
the public and employees.
20. Preservation of City Property. The Consultant shall provide and install suitable safeguards,
approved by the City, to protect City property from injury or damage. If City property is injured or
damaged resulting from the Consultant's operations, it shall be replaced or restored at the Consultant's
expense. The facilities shall be replaced or restored to a condition as good as when the Consultant
began work.
21. Immigration Act of 1986. The Consultant warrants on behalf of itself and all sub-consultants
engaged for the performance of this work that only persons authorized to work in the United States
pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be
employed in the performance of the work hereunder.
22. Consultant Non-Discrimination. In the award of subcontracts or in performance of this work, the
Consultant agrees that it will not engage in, nor permit such sub-consultants as it may employ, to
engage in discrimination in employment of persons on any basis prohibited by State or Federal law.
23. Accuracy of Specifications. The specifications for this project are believed by the City to be
accurate and to contain no affirmative misrepresentation or any concealment of fact. Consultants are
cautioned to undertake an independent analysis of any test results in the specifications, as City does
not guaranty the accuracy of its interpretation of test results contained in the specifications package.
In preparing its proposal, the Consultant and all sub-consultants named in its proposal shall bear sole
responsibility for proposal preparation errors resulting from any misstatements or omissions in the
specifications that could easily have been ascertained by examining either the project site or accurate
test data in the City's possession. Although the effect of ambiguities or defects in the specifications
will be as determined by law, any patent ambiguity or defect shall give rise to a duty of Consultant to
inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to
be construed against the Consultant. An ambiguity or defect shall be considered patent if it is of such
a nature that the Consultant, assuming reasonable skill, ability and diligence on its part, knew or
should have known of the existence of the ambiguity or defect. Furthermore, failure of the
Consultant or sub-consultants to 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 therefore in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged
ambiguity or defect in the specifications, or any other matter whatsoever, Consultant shall
immediately notify the City in writing, and the Consultant and all sub-consultants shall continue to
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perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial,
and irrespective of whether or not a change order, time extension, or additional compensation has
been granted by City. Failure to provide the hereinbefore described written notice within one (1)
working day of Consultant's becoming aware of the facts giving rise to the dispute shall constitute a
waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications
concerning the dispute.
24. Indemnification for Professional Liability. To the fullest extent permitted by law, the Consultant
shall indemnify, protect, defend and hold harmless the City and any and all of its officials,
employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities,
damages, costs and expenses, including attorney’s fees and cost which arise out of, pertain to, or
relate to the negligence, recklessness, or willful misconduct of the Consultant.
25. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this
proposal from other consultants during the contract term.
26. Standards. Documents shall conform to City Standards and City furnished templates shall be used.
27. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and signed
by the Consultant where required.
28. Ownership of Materials. Upon completion of all work under this contract, ownership and title to all
reports, documents, plans, specifications, and estimates produced as part of this contract will
automatically be vested in the city and no further agreement will be necessary to transfer ownership
to the City. The Consultant shall furnish the City all necessary copies of data needed to complete the
review and approval process.
It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or
machine readable form, are intended for one-time use in the construction of the project for which this
contract has been entered into.
The Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the
modification, or misuse by the City of the machine-readable information and data provided by the
Consultant under this agreement. Further, the Consultant is not liable for claims, liabilities, or losses
arising out of, or connected with any use by City of the project documentation on other projects,
except such use as may be authorized in writing by the Consultant.
29. Release of Reports and Information. Any reports, information, data, or other material given to,
prepared by or assembled by the Consultant as part of the work or services under these specifications
shall be the property of City and shall not be made available to any individual or organization by the
Consultant without the prior written approval of the City.
The Consultant shall not issue any news release or public relations item of any nature, whatsoever,
regarding work performed or to be performed under this contract without prior review of the contents
thereof by the City and receipt of the City’s written permission.
30. Copies of Reports and Information. If the City requests additional copies of reports, drawings,
specifications, or any other material in addition to what the Consultant is required to furnish in limited
quantities as part of the work or services under these specifications, the Consultant shall provide such
additional copies as are requested, and City shall compensate the Consultant for the costs of
duplicating of such copies at the Consultant's direct expense.
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31. Attendance at Meetings And Hearings. Consultant shall attend as many "working" meetings with
staff as necessary in performing workscope tasks.
32. Requests for Review. The Consultant shall respond to all requests for submittal review or contractor
RFI’s within two weeks of receipt of the information from the City.
33. Consultant Invoices. The Consultant shall deliver a monthly invoice to the City, itemized by project
work phase or, in the case of on-call contracts, by project title. Invoice must include a breakdown of
hours billed and miscellaneous charges and any sub-consultant invoices, similarly broken down, as
supporting detail.
34. Payment. For providing services as specified in this Agreement, City will pay and Consultant shall
receive therefore compensation in a total sum not to exceed the individual agreed upon project fee.
Should the Consultant’s design, drawings, specifications, or documents 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, on an individual purchase order basis, not to exceed:
85% of the agreed upon project fee prior to submittal of 50% documents
95% of the agreed upon project fee prior to submittal of final documents; and
100% of the agreed upon project fee prior to completion of construction or as noted below.
The 5% retention until completion of construction shall be released upon completion of design if the
City fails to authorize the advertising for construction within 6 months following the acceptance of a
complete final submittal by the consultant. Due to the scope and duration of the contract the City may
consider and authorize requests to release portions of retention earlier than completion of construction
at its sole discretion.
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.
35. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and
acceptance by the City of the materials, supplies, equipment or services provided by the Consultant
(Net 30).
The Consultant shall pay all sub-consultants within 10 calendar days from receipt of each payment
made to the Consultant by the City.
36. 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.
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Prado Road Bridge Widening, Specification No. 91203
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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.
37. Agreement Parties.
City: Consultant:
Jake Hudson
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
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.
38. Incorporation by Reference. City Request for Proposal Specification No. 91203 and Consultant's
proposal dated (Date) are hereby incorporated in and made a part of this Agreement.
39. 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 Project Manager.
40. Working Out of Scope. If, at any time during the project, the consultant is directed to do work by
persons other than the City Project Manager and the Consultant believes that the work is outside of
the scope of the original contract, the Consultant shall inform the Project Manager immediately. If the
Project Manager and Consultant both agree that the work is outside of the project scope and is
necessary to the successful completion of the project, then a fee will be established for such work
based on Consultant's hourly billing rates or a lump sum price agreed upon between the City and the
Consultant. Any extra work performed by Consultant without prior written approval from the City
Project Manager shall be at Consultant's own expense.
41. 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.
42. Authority to Execute Agreement. Both City and Consultant do covenant that each individual
executing this agreement on behalf of each party is a person duly authorized and empowered to
execute Agreements for such party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year
first above written.
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CITY OF SAN LUIS OBISPO: CONSULTANT:
_____________________________________ _____________________________________
Katie Lichtig, City Manager By:
APPROVED AS TO FORM:
_____________________________________
Christine Dietrick, City Attorney
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Prado Road Bridge Widening, Specification No. 91203
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Section E
INSURANCE REQUIREMENTS
The Consultant shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the performance of
the work hereunder by the Consultant, its agents, representatives, employees or subcontractors.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code
1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property
damage. If Commercial General Liability or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared
to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers;
or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be
endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on behalf of the Consultant; products
and completed operations of the Consultant; premises owned, occupied or used by the Consultant;
or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain
no special limitations on the scope of protection afforded to the City, its officers, official,
employees, agents or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary
insurance as respects the City, its officers, officials, employees, agents and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees, agents or
volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. The Consultant's insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability.
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Prado Road Bridge Widening, Specification No. 91203
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4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty
(30) days' prior written notice by certified mail, return receipt requested, has been given to the
City.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no
less than A:VII.
Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing
maintenance of the required insurance coverage. Original endorsements effecting general liability and
automobile liability coverage required by this clause must also be provided. The endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be
received and approved by the City before work commences.
6. Preliminary Studies
7. Environmental
8. Design
9. Right of Way
10. Construction Engineering
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ACKNOWLEDGEMENT
The undersigned declares that she or he has carefully examined Specification No. 91203, which is hereby
made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the
proposing firm; and agrees to perform the specified work as set forth in the specification and this
agreement
Firm Name and Address
Contact Phone
Signature of Authorized Representative
Date
Certificate of insurance attached; insurance company’s A.M. Best rating: __________________.
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REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under
the present business name: .
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the
services included with the scope of the specifications. Attach additional pages if required. The City
reserves the right to contact each of the references listed for additional information regarding your firm's
qualifications.
Reference No. 1
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 2
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
Reference No. 3
Customer Name
Contact Individual
Telephone & FAX number
Street Address
City, State, Zip Code
Description of services provided
including contract amount, when
provided and project outcome
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Prado Road Bridge Widening, Specification No. 91203
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STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The proposer shall state whether it or any of its officers or employees who have a proprietary interest in it,
has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal,
state, or local government project because of the violation of law, a safety regulation, or for any other
reason, including but not limited to financial difficulties, project delays, or disputes regarding work or
product quality, and if so to explain the circumstances.
Do you have any disqualification as described in the above paragraph to declare?
Yes No
If yes, explain the circumstances.
Executed on at _______________________________________ under penalty
of perjury of the laws of the State of California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Proposer Representative
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