HomeMy WebLinkAbout05/17/2011, C5 - REQUEST FOR QUALIFICATIONS FOR RIGHT-OF-WAY ACQUISITION SERVICES, SPECIFICATION NO. 91083 i
councilM y 142011
j ac,Enaa REpont ]=N ha
�l
CITY OF SAN LUIS OBISPO
FROM: Jay D. Walter, Director of Public Works
Prepared By: Daniel Van Beveren, Senior Civil Engineer
SUBJECT: REQUEST FOR QUALIFICATIONS FOR RIGHT-OF-WAY
ACQUISITION SERVICES, SPECIFICATION NO. 91083
RECOMMENDATION
1. Approve the Request for Qualifications for Right-of-Way Acquisition Services and authorize
staff to solicit responses.
2. Authorize the City Manager to execute an agreement with the top selected consultant or
consultants.
3. Authorize the Finance Manager to execute purchase orders and amendments for individual
Right-of-Way service contracts where funding is available in the project account for those
services.
DISCUSSION
City projects occasionally require the assistance of consultants who specialize in Right-of-Way.
This assistance is needed when construction projects require additional Right-of-Way or a
modification to an existing property easement. Currently, there are no City staff members with
the training and experience necessary to carry out these duties efficiently and effectively; the
City does not staff a Right-of-Way specialist. Instead, Right-of-Way issues and other related
duties are handled through the use of a consultant who specializes in this type of work. The City
benefits from the assistance of Right-of-Way consultants on a variety of project types.
Staff has recognized the benefit of pre-selecting consultants who specialize in Right-of-Way so
that their services could be more-readily utilized. Most recently in 2008, Council authorized the
Request for Qualifications (RFQ) for Right-of-Way consultant services, and in November of
2008, the City Manager executed service agreements with the two top-rated consultants who
submitted proposals. Both of these agreements will expire this year thus prompting the need for
the City to re-advertise for these services, again through the RFQ process.
The RFQ is a formal request and will solicit statements of qualification from Right-of-Way
consultants. Staff evaluates the statements in a similar way as for a project specific Request for
Proposals. After evaluating the submittal packages received, staff will select the top one, two, or
three consultants based on their demonstrated ability to provide these services. Initial selection
on the basis of ability, rather than on cost, is required by law to ensure these types of services are
completed by individuals with specific skill sets. Once these consultant(s) have been selected,
and entered into an agreement with the City, staff would be able to use their services for
individual projects as needed and would be able to use cost as a factor for determining
preference.
C5-1
Request for Qualifications—Right of Way Acquisition Services
Page 2
The City has maintained existing agreements with various other types of consultants, each with a
specific area of provided service. Surveying, construction management, materials testing, and
environmental testing/monitoring are types of work that frequently require the use of consultants.
Right-of-Way acquisition is simply another type of service that can be provided by a consultant
and made available to the City on an on-call basis.
The work required of the Right-of-Way consultants includes the required steps involved in the
process of obtaining needed Right-of-Way and/or easements for various projects such as traffic
circulation improvement projects or bike path projects. Many of the projects within the City are
funded in part through the use of Federal grant money, and any consultant used for Right-of-Way
acquisition services on such a project must be familiar with the specific procedures and
requirements of a Federally funded project. Furthermore, with the City's plans for additional
bike paths, Right-of-Way acquisition, typically one of the more difficult components of project
development, could be handled by one of the selected consultants.
The City's Financial Management Manual allows consultants to be hired without any special
requirements for services totaling less than $7,500. Each department is responsible to prepare
vouchers, or a purchase order, for payment to the consultant. Between $7,500 and $25,000, the
department solicits proposals in an informal manner, and a purchase order is authorized by the
City Manager. For any consultant services over $25,000, formal Council approval of the
Request for Proposals (RFP) or an award of Contract is required. When consultants are hired,
departments collect insurance and establish general conditions for the agreement. This is a time
consuming endeavor in a division such as Engineering, where project management is a
significant portion of the workload.
The purpose of issuing this RFQ for Right-of-Way services is to shorten the purchasing process
without compromising its purpose. If the City has an agreement with a group of consultants
specializing in these services, then their insurance is on file with the City and an agreement has
been executed outlining the conditions under which the consultant must work, such as
indemnification, non-discrimination and conditions for termination. When a need for services is
identified, staff needs only to review the list and specialties of the consultants, find a match to
the project requirements, and contact the firm to determine if they have staff available for the
work and what the cost and time frame for completion will be. Once a written cost proposal is
received from the consultant, a purchase order can be approved, and work can begin.
The RFQ process and the execution of an advance agreement allows staff to obtain needed
services for previously approved and budgeted CIP projects in a greatly reduced time frame,
basically under the guidelines for services less than $7,500, but in compliance with the City's
purchasing policy. Performing this process every three years allows new and interested
companies to be recognized by the City. This improves competition and provides new ideas and
expertise.
FISCAL IMPACT
The RFQ process itself, does not have any fiscal impacts. Payment for the consultant services
will come from the individual project funds to which they apply. The project manager in
C5-2
Request for Qualifications—Right of Way Acquisition Services
Page 3
conjunction with the Finance Division monitors the availability of funds. If an account.is not
adequately funded at the time the work is needed, staff will return to the City Council to request
a supplement to the budget prior to issuing any purchase order for the work. Individual work
orders for Right-of-Way services are expected to range anywhere from $1,000 to $50,000.
ALTERNATIVE
Deny RFQ process. As stated earlier in this report, previously administered agreements with the
prior list of approved Right-of-Way consultants will expire this year. Staff can revert back to the
previous practice of obtaining needed services for individual projects by hiring a consultant in
accordance with the purchasing policy guidelines. This alternative is not recommended because
of the additional time it takes to hire a single consultant for each needed service, and the fact that
no benefits are obtained over the RFQ process proposed.
ATTACHMENT
RFQ—Right-of-Way Acquisition Services
T;\Council Agenda Reports\Public Works CAR\201 I\CIP\Right of Way Services\I I CAR ROW Adv.doc
C5-3
ATTACHMENT
city osan LUIS OBISp0
919 Palm Street•San Luis Obispo • CA• 93401
Notice Requesting Proposals for
Right of Way Acquisition Services
Specification No. 91083
The City of San Luis Obispo is requesting sealed proposals for Right of Way Acquisition Services pursuant to
Specification No. 91083. 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 June 23, 2011.
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.
Obtaining a Specification Package
■ Download from the City's Web site www.slocity.org - Bids & Proposals page
• Pickup 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 RFP is maintained on the web page.
Project Detail Information
Project detail information may be obtained by contacting Dan Van Beveren at(805)783-7715.
Disadvantaaed Business Participation
DBE and other small businesses as defined in Title 49 CFR 26, are encouraged to participate in the performance of
agreements financed in whole or in part with federal funds.
C5-4
ATTACHMENT
Specification No. 91083 t
TABLE OF CONTENTS
DESCRIPTIONOF WORK...........................................................................................................................................1
GENERAL TERMS AND CONDITIONS.......................................................................................................................2
PROPOSALREQUIREMENTS................................................................................................................................2
CONTRACT AWARD AND EXECUTION ................................................................................................................3
PROPOSAL CONTENT AND SELECTION PROCESS...............................................................................................4
PROPOSALCONTENT ................ ........................................................................................................................4
PROPOSAL EVALUATION AND CONSULTANT SELECTION ..............................................................................4
FORMOF AGREEMENT..............................................................................................................................................6
PROPOSALSUBMITTAL FORMS.............................................................................................................................12
ACKNOWLEDGEMENT.........................................................................................................................................12
INSURANCECERTIFICATE..................................................................................................................................12
REFERENCES.......................................................................................................................................................13
STATEMENT OF PAST CONTRACT DISQUALIFICATIONS...............................................................................15
INSURANCE REQUIREMENTS: Consultant Services .............................................................................................16
Request for Proposals—Right of Way Acquisition Services C5-5
ATTACHMENT
Section A
DESCRIPTION OF WORK
Background:.
The City of San Luis Obispo does not currently staff employees who specialize in right of way duties. Currently,there
are a number of projects in various stages of planning or design that require right of way acquisition or easement
agreement/modification. The City is interested in updating their list of approved consultants who specialize in this type
of work, and will be receiving proposals by consultants specializing in Right of Way acquisition services. Each
proposal will be evaluated by City staff, and the consultants who have submitted proposals receiving the highest
rankings will be requested to enter into an agreement with the City. Upon execution of the agreement,these
consultants will be placed on the list of approved Right of Way consultants, and could then be called upon to assist in
right-of-way related services.
Workscope:
Consultants should expect to perform right of way services related to Capital Improvement Projects. Projects might
include required easement negotiation or property acquisitions needed for utility upgrades, storm drainage
improvements, bike path construction, or traffic circulation improvement projects.
Substantial right-of-way acquisition, including the appraisal of property and relocation of businesses and/or residents
may be required on projects funded in part.by Federal funds. Consultants may also assist with negotiations with
Union Pacific Railroad or other private parties for modifications to existing easements,and/or the purchase of non-City
owned property for a variety of uses.
The Consultant shall demonstrate the ability to carry out the duties associated with the right of way acquisition
process. These duties may include, but are not limited to, property appraisal,negotiations and relocation assistance
of property owners and/or occupants, dosings and settlements.
The Consultant may be asked to obtain Preliminary Title Reports and complete the necessary research where legal
descriptions of property lines are involved.
The consultants shall be expected to be able to render services on an"as-needed"basis.
Request for Proposals—Right of Way Acquisition Services Page 1 of 16 C5-6
ATTACHMENT
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. 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
govemment 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 retumed 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.
Request for Proposals—Right of Way Acquisition Services Page 2 of 16
C5-7
ATTACHMENT
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.
Request for Proposals—Right of Way Acquisition Services Page 3 of 16 C5-8
ATTACHMENT
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
c. Redundancy in the company of staff experienced in this type of work
d. Resumes of the individuals who would be assigned to this work
e. 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
3. 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. Three copies of the proposal must be submitted.
c. One pdf format electronic copy must be submitted on a CD.
PROPOSAL EVALUATION AND CONSULTANT SELECTION
Proposals will be evaluated by a review committee and contract award process as follows:
4. Written Proposal Review and Selection
Evaluation of the or000sals will be based on the following qualifications:
• Understanding of the work involved in completing property appraisals, right of way acquisition,relocation
assistance, and easement negotiation
• Demonstrated competence, professional qualifications of proposed staff
• References and Recent experience in successfully performing similar services
Ability to respond quickly to work requests
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. Based on the
overall ranking, the top two proposals will be selected to enter into an agreement for Right of Way Acquisition
Services. Alternatively, a group of finalist candidates(generally the top 3 to 5 five proposers) may be
requested to provide additional clarifying information, before the final top two ranked consultants are
determined.
The City may request additional information about the consultant to clarify statements in the proposal. If
needed,the city may conduct consultant interviews to further assist in the evaluation process. The city will
select the Consultant(s),which, in the opinion of City staff,will most effectively be able to provide the services
outlined in this Request for Proposals.
Request for Proposals—Right of Way Acquisition Services Page 4 of 16
C5-9
ATTACHMENT
The consultants on the final list will be expected to perform the types of services outlined in this RFP and in
their proposal submittal. Work will be issue via individual purchase orders. The City will keep the consultants
on call for a period of approximately three years.
Consultants who enter into an agreement with the City, and who are awarded contracts for specific projects
financed with Federal money will be required to submit specific forms. These include the following:
• Debarment and Suspension Certification
• Certification regarding Donations and/or Financial conflict of interest
• Proposer Information regarding Disadvantage Business Enterprise
• Disclosure of Lobbying Activities
5. Proposal Review and Award Schedule
The following is an outline of the anticipated schedule for proposal review and contract award:
IssueRFP..................................................................................................................05/21/2011
Receive proposals.....................................................................................................06/23/2011
Complete proposal evaluations.................................................................................07/15/2011
Finalize staff recommendation ..................................................................................07/21/2011
Notify all submitters regarding selection of consultants ...........................................07/28/2011
Executecontracts......................................................................................................08/19/2011
Request for Proposals—Right of Way Acquisition Services Page 5 of 16
CS-10
ATTACHMENT
Section D
FORM OF AGREEMENT
AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on IDATEI 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.
WITNESSETH
WHEREAS, on May 21, 2011, the City requested proposals for Right of Way Acquisition Services per
Specification No. 91083.
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. Contract.Term for On-Call Service Contracts. The services identified in this specification will be available to
be used by the City between September 2011 and September 2014.
2. Contract Extension and Cost Increases for On-call Service Contracts. The term of the contract may be
extended by mutual consent for an additional year. During this extended period, labor rates may be increased
to reflect increased labor costs and overhead at each 1 year contract anniversary, provided the City is notified
of the increases in advance.
3. 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.
4. 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.
Request for Proposals—Right of Way Acquisition Services Page 6 of 16 C5-11
ATTACHMENT
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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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
Request for Proposals–Right of Way Acquisition Services Page 7 of 16 C5-12
ATTACHMENT
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.
13. 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.
14. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Consultant is
required to pay.
15. 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.
16. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established
by OSHA and the California Division of Industrial Safety.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
Request for Proposals—Right of Way Acquisition Services Page 8 of 16 C5-13
ATTACHMENT
To the extent that these specifications constitute performance specifications, the City shall not be liable for
costs incurred by the successful Consultant to achieve the project's objective or standard beyond the amounts
provided therefor in the proposal.
In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity
or defect in the specifications, or any other matter whatsoever, Consultant shall immediately notify the City in
writing, and the Consultant and all sub-consultants shall continue to perform, irrespective of whether or not the
ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time
extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described
written notice within one (1) working day of Consultant's becoming aware of the facts giving rise to the dispute
shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or
specifications concerning the dispute.
22. 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'q 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.
23. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from
other consultants during the contract term.
24. Standards. Documents shall conform to City Standards and City furnished templates shall be used.
25. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and signed by the
Consultant where required.
26. 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.
27. 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.
28. 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.
29. Attendance at Meetings And Hearings. As part of the workscope and included in the contract price is
attendance by the Consultant at up to [number] public meetings to present and discuss its findings and
Request for Proposals—Right of Way Acquisition Services Page 9 of 16
CS-14
�jF ATTACHMENT
recommendations. Consultant shall attend as many "working" meetings with staff as necessary in performing
workscope tasks.
30. 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.
31. Consultant Invoices. The Consultant shall deliver a monthly invoice to the City, itemized by project work
phase or, in the case of on-call contracts, by project title. Invoice must include a breakdown of hours billed and
miscellaneous charges and any sub-consultant invoices, similarly broken down, as supporting detail.
32. Payment.
For on-call services, the City will pay and the Consultant shall receive compensation as agreed to on a project
by project basis.
The Consultant shall be reimbursed for hours worked at the hourly rates attached to this agreement. Hourly
rates include direct salary costs, employee benefits, overhead and fee. In addition, the Consultant shall be
reimbursed for direct costs other than salary and vehicle cost that have been identified and are attached to this
agreement. The Consultant's personnel shall be reimbursed for per diem expenses at a rate not to exceed that
currently authorized for State employees under State Department of Personnel Administration rules.
33. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance
by the City of the materials, supplies, equipment or services provided by the Consultant(Net 30).
34. Resolution of Disputes. Any dispute, other than audit, concerning a question of fact arising under this
contract that is not disposed of by agreement shall be decided by a committee consisting of the City's Project
Manager and the City Director of Public Works, who may consider written or verbal information submitted by
the Consultant. Not later than thirty days after completion of all deliverables necessary to complete the plans,
specifications and estimate, the Consultant may request review by the City Council of unresolved claims or
disputes, other than audit, in accordance with Chapter 1.20 Appeals Procedure of the Municipal Code.
Any dispute concerning a question of fact arising under an audit of this contract that is not disposed of by
agreement, shall be reviewed by the City's Chief Fiscal Officer. Not later than 30 days after issuance of the
final audit report, the Consultant may request a review by the City's Chief Fiscal Officer of unresolved audit
issues. The request for review must be submitted in writing.
Neither the pendency of a dispute, nor its consideration by the City will excuse the consultant from full and
timely performance in accordance with the terms of this contract.
35. Disadvantaged Business Enterprise(DBE) Use for Federally Funded Projects. This agreement is subject
to Title 49, Part 26 Code of Federal Regulations entitled "Participation by Disadvantaged Business Enterprises
in Department of Transportation Financial Assistance Programs." In order to ensure the State Department of
Transportation achieves its federally mandated statewide overall DBE goal, the City encourages the
participation of DBEs as defined in 49 CFR 26 in the performance of this agreement. The City has determined
that DBE can reasonably be expected to compete for the sub-consulting opportunities in this agreement and
has established a DBE advisory percentage of X. The Consultant is responsible to be fully informed regarding
the requirements of 49 CFR, Part 26. Participation of DBE's in the specified percentage is not a condition of
award.
The Consultant shall notify the City of any changes to its anticipated DBE participation, maintain records of
DBE usage and complete and submit to the City the final report of DBE utilization prior to receiving final
payment. Records shall show the name and business address of each DBE and the total dollar amount
actually paid to each.
The Consultant shall pay all sub-consultants within 10 calendar days from receipt of each payment made to the
Consultant by the City.
The Consultant shall carry out applicable requirements of Title 49 CFR 26 in the award and administration of
US DOT assisted agreements. Failure by the Consultant to cant' out these requirements is a material breach
of this agreement, which may result in the termination of this agreement or such other remedy as the City
deems appropriate.
Request for Proposals—Right of Way Acquisition Services Page 10 of 16
C5-15
ATTACHMENT
36. Agreement Parties.
City: X Consultant:
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.
37. Incorporation by Reference. City Request for Proposal Specification No. 91083 and Consultant's proposal
dated X, are hereby incorporated in and made a part of this Agreement.
38. Amendments. Any amendment, modification or variation from the terms of this Agreement shall be in writing
and shall be effective only upon approval by the City Engineer.
39. Working Out of Scope. If, at any time during the project, the consultant is directed to do work by persons
other than the 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.
40. Complete Agreement. This written agreement, including all writings specifically incorporated herein by
reference, shall constitute the complete agreement between the parties hereto. No oral agreement,
understanding or representation not reduced to writing and specifically incorporated herein shall be of any force
or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties
hereto. For and in consideration of the payments and agreements hereinbefore mentioned to be made and
performed by City, Consultant agrees with City to do everything required by this Agreement, the said
specification and incorporated documents.
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 FO
nstine Dietrick, City A rney
Request for Proposals—Right of Way Acquisition Services Page 11 of 16
C5-16
ATTACHMENT
Section E
PROPOSAL SUBMITTAL FORMS
ACKNOWLEDGEMENT
The undersigned declares that she or he:
■ Has carefully examined Specification No. 91083
■ 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
Request for Proposals—Right of Way Acquisition Services Page 12 of 16 C5-17
ATTACHMENT
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
Request for Proposals—Right of Way Acquisition Services Page 13 of 16 C5-18
ATTACHMENT
Reference No. 2
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State, Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
Reference No. 3
Customer Name
Contact Individual
Telephone & Email
Street Address
City, State,Zip Code
Date of Services
Contract Amount
Description of Services
Project Outcome
Request for Proposals—Right of Way Acquisition Services Page 14 of 16 C5-1"
ATTACHMENT
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? F7 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
Request for Proposals—Right of Way Acquisition Services Page 15 of 16 C5-20
ATTACHMENT
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 eauivalent as determined by the Citv).
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:VI I.
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.
Request for Proposals—Right of Way Acquisition Services Page 16 of 16 05-21