HomeMy WebLinkAbout09-17-2013 c4 rfp lovr 101 interchange
FROM: Daryl R. Grigsby, Public Works Director
Prepared By: Kyle Rowland, Engineering Inspector
SUBJECT: REQUEST FOR PROPOSALS FOR THE LOS OSOS VALLEY ROAD -
HIGHWAY 101 INTERCHANGE PROJECT, SPECIFICATION NO. 99821
RECOMMENDATIONS
1. Approve the Request for Proposals for the Los Osos Valley Road - Highway 101 Interchange
Project, Specification No. 99821.
2. Authorize staff to advertise for project management proposals.
3. Authorize the City Manager to award a contract up to $100,000 for Project Management
services, and execute a contract amendment up to $1,300,000 when construction is approved
and funding becomes available for the construction management phase.
DISCUSSION
Background
The City of San Luis Obispo and Caltrans have been working since 2001 to design and implement
the Los Osos Valley Road/US 101 interchange project. The project will correct operational
deficiencies and improve safety at the southern entry to the City at Los Osos Valley Road. The
project includes widening Los Osos Valley Road to four lanes between the recently constructed
Calle Joaquin intersection and South Higuera Street. To accomplish this, a new two-lane bridge
structure will be constructed south of, and adjacent to the existing overcrossing. The existing bridge
will carry the westbound traffic and the new bridge will carry eastbound traffic. An adjacent bridge
crossing of San Luis Obispo Creek will be widened to accommodate the four travel lanes. The
project will also improve the interchange on and off-ramps and include 6-foot wide sidewalks and
6.5-foot wide bike lanes.
As set forth in the Project Report (dated August 17, 2011 and available on the City’s website) and
Environmental Determination (dated August 2011 and available for review on the Caltrans
website), the Project is to improve operations, safety and capacity in and around the interchange to
accommodate a minimum of twenty years of traffic growth that will occur in this area of the City.
In 2008, the City applied to the San Luis Obispo Council of Governments for State Transportation
Improvement Program (STIP) for funds for the project. The City is the project sponsor, with the
California Department of Transportation serving in an oversight role to the City as the stewards of
the State Highway System.
On May 6, 2013, the City submitted 95% plans for Caltrans review. Final approvals from Caltrans
are expected by the end of the calendar year. Utility coordination is currently in progress. In
February 2013, the City made offers to acquire right of way and easements needed for the project.
As of August 2013, all necessary property acquisitions have been secured.
Meeting Date
Item Number September 17, 2013
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RFP – Project Manager – Los Osos Valley Road – Highway 101 Page 2
Project Management Support
In order sustain 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 a Project Manager
(PM). The PM role in projects of this magnitude has proven to facilitate issue identification,
problem-solving, and other tangible benefits. During the pre-construction phase, the PM will assist
the City in Plans and Specifications review, and will secure appropriate construction management
and inspection staff. In addition, they will have a key role in processing the project through
advertising and awarding phases. During the construction phase, the PM, in conjunction with other
City staff will provide project oversight and keep management and stakeholders informed of
activities, changes, and potential problems. The PM will also manage consultants, interact with the
public, and maintain construction documentation. Finally, the PM will assist the City in closing out
the project once construction is complete. It is anticipated that the PM will work part-time during
the preliminary and closeout phases of the project, and full-time during construction.
Approval of the recommended action will allow staff to select a qualified consultant that will
provide the necessary services.
FISCAL IMPACT
This project is identified in the 2013-15 Financial Plan, Appendix B – Capital Improvement Plan,
page 3-252 through 3-255, with $100,000 budgeted for pre-construction RE Services in 2013-14.
These funds are located in the Citywide Transportation Impact Fee (TIF) account and will initially
fund the Project Manager.
This contract is expected to continue throughout the 2014-15 fiscal year, where it is estimated that
an additional $1,300,000 will be required to fund the PM throughout the course of the construction
and closeout phases of the project. The necessary $1,300,000 will be obtained from the
Construction Management phase that is currently budgeted for $4,248,800. This will be a
remaining balance of $2,948,800 for other construction management expenses, including inspection
and testing. The following table contains project phasing and funding source details from the 2013-
15 Financial Plan:
2013-142014-15
General Fund Reimbursment for ROW $987,110
PM Services Pre-Construction $100,000
Construction $17,769,090
Construction Management $4,248,800
Total $100,000$23,005,000
Project Phasing and Funding Sources
It is estimated that the firm providing PM services will bill at an average rate of $270/hr. The cost
estimate, therefore, is based on approximately 800 hours (10 months part-time) during the pre-
construction phase, 3,900 hours (24 months full-time) during the construction phase, and 500 hours
(6 months part-time) during the post-construction phase. Upon reviewing the submitted Request for
Proposals, the actual PM costs may be less than the anticipated $1,400,000. The proposals will be
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RFP – Project Manager – Los Osos Valley Road – Highway 101 Page 3
evaluated on the basis of qualifications and costs, and the contract awarded to obtain the best overall
value for the City.
ATTACHMENT
RFP for Project Manager Services
t:\council agenda reports\2013\2013-09-17\rfp for project manager services for lovr-101 interchange (grigsby-rowland)\99821 car approve rfp for pm services.docx
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City of San Luis Obispo
919 Palm Street San Luis Obispo CA 93401
Notice Requesting Proposals for
PROJECT MANAGEMENT SERVICES for
LOS OSOS VALLEY ROAD - HIGHWAY 101 INTERCHANGE PROJECT,
SPECIFICATION NO. 99821
The City of San Luis Obispo is requesting sealed proposals for Project Manager Services pursuant to the Los Osos
Valley Road-Highway 101 Interchange Project, Specification No. 99821. All proposals must be received by the
Public Works Department at 919 Palm Street, San Luis Obispo, CA 93401 by 2:00 P.M. on October 18, 2013.
Proposals received after said time will not be considered. To guard against premature opening, each proposal
shall be submitted to the Public Works Department in a sealed envelope plainly marked with the proposal title,
specification number, Consultant name, and time and date of the proposal opening. Proposals shall be submitted
using the forms provided in the specification package.
Specification Package may be obtained from the City’s Web site:
http://www.slocity.org/publicworks/download/temp/95lovr.zip
Project Detail Information
Project detail information may be obtained by contacting Kyle Rowland at (805) 783-7717
Rev 11.20.12 BL
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Specification No. 99821
TABLE OF CONTENTS
DESCRIPTION OF WORK ........................................................................................................................................... 3
GENERAL TERMS AND CONDITIONS ....................................................................................................................... 6
PROPOSAL REQUIREMENTS ................................................................................................................................ 6
CONTRACT AWARD AND EXECUTION ................................................................................................................ 7
PROPOSAL CONTENT AND SELECTION PROCESS ............................................................................................... 8
PROPOSAL CONTENT ........................................................................................................................................... 8
PROPOSAL EVALUATION AND CONSULTANT SELECTION .............................................................................. 8
FORM OF AGREEMENT ............................................................................................................................................ 10
PROPOSAL SUBMITTAL FORMS ............................................................................................................................. 16
ACKNOWLEDGEMENT ......................................................................................................................................... 16
INSURANCE CERTIFICATE .................................................................................................................................. 16
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS ............................................................................... 17
REFERENCES ....................................................................................................................................................... 18
INSURANCE REQUIREMENTS: Consultant Services ............................................................................................. 20
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Section A
DESCRIPTION OF WORK
BACKGROUND
The City of San Luis Obispo and Caltrans have been working since 2001 to design and implement the Los Osos
Valley Road/US 101 interchange project. The project will correct operational deficiencies and improve safety at the
southern entry to the City at Los Osos Valley Road. The project includes widening Los Osos Valley Road to four
lanes between the recently constructed Calle Joaquin intersection and South Higuera Street. To accomplish this, a
new two-lane bridge structure will be constructed south of and adjacent to the existing overcrossing. The existing
bridge will carry the westbound traffic and the new bridge will carry eastbound traffic. An adjacent bridge crossing
of San Luis Obispo Creek will be widened to accommodate the four travel lanes. The project will also improve the
interchange on and off-ramps and include 6-foot wide sidewalks and 6.5-foot wide bike lanes.
As set forth in the Project Report (dated August 17, 2011 and available on the City’s website) and Environmental
Determination (dated August 2011 and available for review on the Caltrans website), the Project is to improve
operations, safety and capacity in and around the interchange to accommodate a minimum of twenty years of traffic
growth that will occur in this area of the City. The project provides additional travel lanes on LOVR over US-101
and through ramp intersections. It includes improvements to the existing non-standard on and off ramps to better
serve the needs of local and regional traffic (including bicycle and pedestrian traffic).
In 2008, the City applied to the San Luis Obispo Council of Governments for State Transportation Improvement
Program (STIP) for funds for the project. The City is the project sponsor, with the California Department of
Transportation serving in an oversight role to the City as the stewards of the State Highway System. Currently, the
project is expected to be completed with the use of State funding, however Federal funds may be utilized at the
State’s discretion.
On May 6, 2013, the City submitted 95% plans for Caltrans review. It is the City’s goal to have final approvals from
Caltrans by the end of the calendar year. Utility coordination is currently in progress. In February 2013, the City
made offers to acquire right of way and easements needed for the project. As of August 2013, the acquisition of
one temporary construction easement remains.
WORKSCOPE
The scope of work is to provide the necessary Project Manager Services to the City’s Public Works Department
such that project oversight proceeds in a smooth and integrated manner with City operations, in accordance with all
provisions listed in this RFP. Consultant shall furnish Project Management personnel, including a dedicated full-
time person or persons to provide Project Manager Services for this specific project, which is funded with local and
state funds. The Project Manager shall be responsible for all matters related to this project and shall complete
liaison activities between the City, the Contractor, Construction Management Consultants and Citizens, such that
the impact of the project on regular City operations is minimized. The Project Manager shall be a licensed Civil
Engineer, registered in the State of California with experience in large project oversight and implementation.
Resumes of personnel must be submitted to City for review and approval prior to assignment to the Project. City
will determine the quality and quantity of services that are required by Consultant personnel. If in the opinion of
City, an individual lacks adequate experience, the individual may be rejected or may be accepted on a trial basis
until such time the individual's ability to perform the required services has been demonstrated. If at any time, the
performance of Consultant personnel is unsatisfactory to the City, the City may release him/her by written notice
and may request another qualified person be assigned.
If Consultant personnel are on leave of absence, the Consultant Firm shall provide approved, equally qualified
replacement personnel until the assigned personnel returns to the Project per acceptance of City Project Manager.
Consultant personnel shall be knowledgeable of and comply with all applicable local, state, and federal regulations.
Consultant personnel shall cooperate and consult with City and any permitting agencies during the course of the
Project. Consultant personnel shall perform duties as may be required to assure that project is being completed in
accordance with the project plans and specifications, as an extension of City staff.
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All services required hereunder shall be performed in accordance with California Department of T ransportation
Local Assistance Procedures Manual.
The Project Manager duties and responsibilities shall include, but are not limited to:
• Review and evaluate preliminary and final plans and specifications for the project, and ensure their
readiness for advertising. The Project Manager shall review and make recommendations for revisions that
will improve project delivery. Recommendations may include such things as providing
incentives/disincentives for ramp closure durations and night work, what restrictions should be in place for
construction between Thanksgiving and New Year’s, and methods the Contractor should use to
communicate with nearby residents and businesses.
• Assist staff with final authorizations to advertise and contract award.
• Prepare Requests for Proposals for support work such as Construction Management (CM) Services.
• Review and evaluate CM Proposals then award Construction Management contract with the assistance of
the City.
• Review project schedule which includes all notification timelines noted on all permits, agreements, and
contract documents. Upon receipt of Contractor's schedule, evaluate and confer with the City regarding
workability of the schedule or suggest changes that may improve the schedule.
• Effectively plan, organize, schedule and implement the project.
• Monitor all construction to ensure CM services are adequately inspecting the project for compliance with
plans and specifications, in addition to regulatory agency requirements.
• Verify construction management records, including record drawings, and maintain appropriate records and
files; prepare comprehensive technical reports and agenda reports related to assignments. Make
presentations to City and private groups as necessary.
• Track all Contractor documented concerns, potential claims, and claims and ensure timely response.
Develop appropriate resolutions as possible, in consultation with the City project manager.
• Attend various meetings as a representative of the City, and chair weekly on-site construction meetings
with the Contractor and CM staff.
• Perform a variety of computer and tracking support functions.
• Interact with the public and media and answer questions relating to the project on an as needed
basis. This may include newspaper ads and website development/maintenance to keep the public
informed of lane/ramp closures and promoting the area businesses during construction.
• Oversee work of consultants.
• Perform studies, research files, records, plans, and maps.
• Gather, assemble, analyze and interpret field data, and prepare reports.
• Administer consultant contracts for support services while effectively monitoring costs and deadlines.
• Review project construction and assist in maintaining construction documents.
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• Review and monitor Requests for Information (RFI) from Contractor and Cost Request Bulletins (CRB) from
the City.
• Provide assistance to City employees regarding engineering related matters associated with the project.
• Provide supervision of work products of other members of the project team.
• Manage assigned project by acting as lead person on the project, ensuring that all aspects of the project
are addressed and the project is completed in a professional manner.
• Assist in the preparation and administration of budgets for operation.
• Track all costs of construction, construction management, and project management, and keep the City
apprised weekly of the funding status of the project. Review all change order and extra work expenditures
with the City’s Project Manager.
• Process construction related expenses and State or Federal grant paperwork/reimbursements.
• Track project construction schedule and provide biweekly updates of construction status to the City.
• Coordinate work with regulatory agencies and private entities, completing public relations work as needed
or assigned.
• Interpret and administer applicable ordinances relating to project requirements, prepares engineering
reports and legal descriptions.
• Complete project closeout work, including record drawings, organization of project paperwork, and clear
statements of any outstanding issues and recommended action or position on the issue.
Construction duration is anticipated at 2 years starting in October 2014. Consultant should assume project
involvement from approximately 8 months prior to time of contract award through six months after construction
completion, approximately 3 years. Work prior to and post construction is anticipated to be part-time, with
construction full-time. This includes visiting the job site every day and evening during construction.
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Section B
GENERAL TERMS AND CONDITIONS
PROPOSAL REQUIREMENTS
1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (Consultant) shall meet all
of the terms, and conditions of the Request for Proposals (RFP) specifications package. By virtue of its
proposal submittal, the Consultant acknowledges agreement with and acceptance of all provisions of the RFP
specifications.
2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and
accompanied by any other required submittals or supplemental materials. Proposal documents shall be
enclosed in an envelope that shall be sealed and addressed to the Public Works Department, City of San Luis
Obispo, 919 Palm Street, San Luis Obispo, CA, 93401. Each proposal submittal shall include one electronic
copy of the proposal, submitted in Adobe Acrobat format on CD or flash drive. In order to guard against
premature opening, the proposal should be clearly labeled with the proposal title, specification number, name of
Consultant, and date and time of proposal opening. No FAX submittals will be accepted.
3. Insurance Certificate. Each proposal must include a certificate of insurance showing:
a. The insurance carrier and its A.M. Best rating.
b. Scope of coverage and limits.
c. Deductibles and self-insured retention.
The purpose of this submittal is to generally assess the adequacy of the Consultant’s insurance coverage
during proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until
contract award. The City’s insurance requirements are detailed in Section F.
4. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form
provided in the RFP package.
5. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past
government disqualifications on the form provided in the RFP package.
6. Proposal Withdrawal and Opening. A Consultant may withdraw its proposal, without prejudice prior to the
time specified for the proposal opening, by submitting a written request to the City Engineer for its withdrawal,
in which event the proposal will be returned to the Consultant unopened. No proposal received after the time
specified or at any place other than that stated in the "Notice Requesting Proposals" will be considered. All
proposals will be opened and declared publicly. Consultants or their representatives are invited to be present
at the opening of the proposals.
7. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file,
or to be interested in more than one proposal, except an alternative proposal when specifically requested;
however, an individual or business entity that has submitted a sub-proposal to a Consultant submitting a
proposal, or who has quoted prices on materials to such Consultant, is not thereby disqualified from submitting
a sub-proposal or from quoting prices to other Consultants submitting proposals.
8. Communications. All timely requests for information submitted in writing will receive a written response from
the City. Telephone communications with City staff are not encouraged, but will be permitted. However, any
such oral communication shall not be binding on the City.
9. Alternative Proposals. When specifically requested, the proposer may submit an alternative proposal (or
proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the
proposer must provide an analysis of the advantages and disadvantages of each of the alternatives, and
discuss under what circumstances the City would prefer one alternative to the other(s). If an alternative
proposal is submitted, the maximum length of the proposal may be expanded proportionately by the number of
alternatives submitted.
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CONTRACT AWARD AND EXECUTION
10. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for
examination and comparison. The City also reserves the right to waive non substantial irregularities in any
proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to
the extent that proposals are qualified by specific limitations. See the "Special Terms and Conditions" in
Section C of these specifications for proposal evaluation and contract award criteria.
11. Competency and Responsibility of Consultant. The City reserves full discretion to determine the
competence and responsibility, professionally and/or financially, of Consultants. Consultants will provide, in a
timely manner, all information that the City deems necessary to make such a decision.
12. Contract Requirement. The Consultant to whom award is made (Consultant) shall execute a written contract
with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address
given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these
specifications.
13. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages and
amounts specified in Section F of these specifications within 10 (ten) calendar days after notice of contract
award as a precondition to contract execution.
14. Business License & Tax. The Consultant must have a valid City of San Luis Obispo business license and tax
certificate before execution of the contract. Additional information regarding the City's business license and tax
program may be obtained by calling (805) 781-7134.
15. Failure to Accept Contract. The following will occur if the Consultant to whom the award is made
(Consultant) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in
accordance with the special terms and conditions if a Consultant's bond or security is required; and an award
may be made to the next highest ranked Consultant with whom a responsible compensation is negotiated, who
shall fulfill every stipulation as if it were the party to whom the first award was made.
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Section C
PROPOSAL CONTENT AND SELECTION PROCESS
PROPOSAL CONTENT
1. Submittal Forms
a. Acknowledgement
b. Certificate of Insurance
c. References
d. Statement of Past Disqualifications
2. Qualifications
a. Experience of your firm in performing similar services
b. Experience of the staff to be assigned to the project in performing similar services for projects with State
and/or Federal funding.
c. Redundancy in the company of staff experienced in this type of work
d. Resumes of the individuals who would be assigned to this project, including any sub-consultants
e. Statement and explanation of any instances where your firm has been removed from a project or
disqualified from proposing on a project
f. Standard hourly billing rates for consultant and sub-consultant staff.
g. Availability and accessibility of staff to the City
3. Work Program
a. Description of your approach to completing the work.
b. Tentative schedule by phase and task for completing the work.
c. Estimated hours for your staff in performing each major phase of the work, including sub-consultants.
d. Services or data anticipated to be provided by the City.
e. Any other information that would assist us in making this contract award decision.
4. Proposal Length and Copies
a. Proposals should be the minimum length to provide the required information. Charts and other short form
approaches to conveying information are encouraged.
b. 4 printed copies of the proposal must be submitted.
c. 1 pdf format electronic copy must be submitted on flash drive, jump drive or CD.
PROPOSAL EVALUATION AND CONSULTANT SELECTION
Proposals will be evaluated by a review committee and contract award process as follows:
5. Written Proposal Review/Finalist Candidate Selection
Proposals will be reviewed by a selection committee and ranked in accordance with the responsiveness,
qualifications and understanding of the Consultant relative to these specification requirements. Where one
proposal is rated consistently higher than the others, the consultant may be selected as the top ranked
consultant for purposes of contract negotiation. Alternatively, a group of finalist candidates (generally the top 3
to 5 five proposers) may be selected for follow-up interviews and presentations, or requests for additional
clarifying information, before a final top ranked consultant is determined.
6. Oral Presentations/Interviews
Finalist candidates will make an oral presentation to the review committee and answer questions about their
proposal, or respond to a written request for additional information within an allotted time. The purpose of this
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second phase is two-fold: to clarify and resolve any outstanding questions or issues about the proposal; and, in
the case of presentations, to evaluate the proposer’s ability to clearly and concisely present information orally.
7. Consultant Selection and Compensation
Finalist candidates will submit proposed compensation costs for the work upon request, including a proposed
payment schedule tied to accomplishing key project milestones or tasks. 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 scope and/or method and amount of compensation. If the City is unable to
come to an agreement on the terms of the contract or the amount of compensation, the City reserves the right
to negotiate with the next highest ranked consultant.
Contract award will be based on a combination of factors that represent the best overall value for completing
the work scope as determined by the City, including: the written proposal criteria described above; results of
background and reference checks; results from the interviews and presentations phase; and proposed
compensation.
8. Proposal Review and Award Schedule
The following is an outline of the anticipated schedule for proposal review and contract award:
Issue RFP .................................................................... 9/18/13
Receive proposals ..................................................... 10/18/13
Complete proposal evaluation ..................................... 11/1/13
Conduct finalist interviews ........................................... 11/6/13
Finalize staff recommendation .................................. 11/11/13
Award contract ........................................................... 11/18/13
Start work .................................................................... 12/2/13
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Section D
FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by and
between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and
[CONSULTANT’S NAME IN CAPITAL LETTERS], hereinafter referred to as Consultant.
W I T N E S S E T H
WHEREAS, on [date], requested proposals for Project Manager Services per Los Osos Valley Road-
Highway 101 Interchange Project, Specification No. 99821.
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 14 calendar days after contract
execution and shall be completed 6 months after construction completion.
3. 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" 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 work scope.
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.
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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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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
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consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent
fee.
12. 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.
13. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Consultant is
required to pay.
14. 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.
15. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established
by OSHA and the California Division of Industrial Safety.
16. 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.
17. 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.
18. 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 Imm igration
Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work
hereunder.
19. 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.
20. 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
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provided therefor in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity
or defect in the specifications, or any other matter whatsoever, Consultant shall immediately notify the City in
writing, and the Consultant and all sub-consultants shall continue to perform, irrespective of whether or not the
ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time
extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described
written notice within one (1) working day of Consultant's becoming aware of the facts giving rise to the dispute
shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or
specifications concerning the dispute.
21. 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.
22. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from
other consultants during the contract term.
23. Standards. Documents shall conform to City Standards and City furnished templates shall be used.
24. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and signed by the
Consultant where required.
25. 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.
26. 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.
27. 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.
28. Attendance at Meetings And Hearings. As part of the work scope and included in the contract price is
attendance by the Consultant to a number 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.
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29. 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. The
Consultant shall review all project related billings within 1 week of submittal to the City and make
recommendations for payment.
30. 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.
31. 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).
32. 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.
33. Agreement Parties.
City: Kyle Rowland
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.
34. Incorporation by Reference. City Request for Proposal Specification No. 99821PM and Consultant's
proposal dated X, are hereby incorporated in and made a part of this Agreement.
35. 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.
36. 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
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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.
37. Complete Agreement. This written agreement, including all writings specifically incorporated herein by
reference, shall constitute the complete agreement between the parties hereto. No oral agreement,
understanding or representation not reduced to writing and specifically incorporated herein shall be of any force
or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties
hereto. For and in consideration of the payments and agreements hereinbefore mentioned to be made and
performed by City, Consultant agrees with City to do everything required by this Agreement, the said
specification and incorporated documents.
Authority to Execute Agreement. Both City and Consultant do covenant that each individual executing this
agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such
party.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first
above written.
CITY OF SAN LUIS OBISPO: CONSULTANT:
Katie Lichtig, City Manager By:
APPROVED AS TO FORM:
Christine Dietrick, City Attorney
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Section E
PROPOSAL SUBMITTAL FORMS
ACKNOWLEDGEMENT
The undersigned declares that she or he:
Has carefully examined Specification No. 99821
Is thoroughly familiar with its content
Is authorized to represent the proposing firm; and
Agrees to perform the work as set forth in the specification and this proposal.
Firm Name and Address:
Contact Name:
Email:
Fax: Phone:
Signature of Authorized Representative:
Date:
INSURANCE CERTIFICATE
Insurance Company’s A.M. Best Rating
Certificate of insurance attached
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STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
The Consultant shall state whether it or any of its officers or employees who have a proprietary interest in it, has
ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local
government project because of the violation of law, a safety regulation, or for any other reason, including but not
limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the
circumstances.
Do you have any disqualification as described in the above paragraph to declare? Yes No
If yes, explain the circumstances.
Executed on ______________________at _______________________________________ under penalty of
perjury of the laws of the State of California, that the foregoing is true and correct.
______________________________________
Signature of Authorized Consultant Representative
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REFERENCES
Number of years engaged in providing the services included within the scope of the specifications under the
present business name: _________
Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services
included with the scope of the specifications. Attach additional pages if required. The City reserves the right to
contact each of the references listed for additional information regarding your firm's qualifications.
Reference No. 1
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
Reference No. 2
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
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Reference No. 3
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
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Section F
INSURANCE REQUIREMENTS: Consultant Services
The Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work hereunder
by the Consultant, its agents, representatives, employees or sub-consultants.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 20 10 Prior to 1993
or CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as determined by the City).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If
Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate
limit shall apply separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and
approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed
to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Consultant; products and completed operations
of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired
or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection
afforded to the City, its officers, official, employees, agents or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the
Consultant's insurance and shall not contribute with it.
3. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended,
voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the City. The Consultant agrees to notify
the City in the event that the policy is suspended, voided or reduced in coverage or limits. A minimum of 30
days prior written notice by certified mail, return receipt requested, will be provided.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A:VII.
Verification of Coverage. Consultant shall furnish the City with a certificate of insurance showing maintenance of
the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage
required by this clause must also be provided. The endorsements are to be signed by a person authorized by that
insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work
commences.
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