NOTICE REQUEST FOR QUALIFICATIONS (RFQ) CITY OF SALINAS FOR LAND SURVEYING SERVICES

Transcription

1 NOTICE REQUEST FOR QUALIFICATIONS (RFQ) CITY OF SALINAS FOR LAND SURVEYING SERVICES You are invited to submit your Statement of Qualifications (SOQ) and a sealed fee schedule for providing on-call Land Surveying Services for the City of Salinas. Submissions are due in the City Clerk s Office, City of Salinas, at 200 Lincoln Ave., Salinas, CA 93901, no later than noon PST on February 25, 2016 For further information, contact Josie Lantaca at (831) or via at diosefe@ci.salinas.ca.us. The full document may also be downloaded from the City of Salinas website at: The City of Salinas is an Equal Opportunity Employer The City of Salinas does not discriminate on the basis of race, color, national origin, ancestry, sex, religion, sexual orientation, age, disability, marital status, political affiliation, or any other non-merit factor. The City of Salinas makes reasonable accommodation for individuals with a disability. Individuals requiring any accommodation in order to participate in this process must inform the Public Works Department at diosefe@ci.salinas.ca.us or no later than 7 calendar days prior to the submittal date stated in this request for proposals. Hearing impaired or TTY/TDD Text Telephone users may contact the City by dialing 711 for the California Relay Services (CRS) or by telephoning any other service providers CRS telephone number.

2 GENERAL INFORMATION Introduction The City of Salinas (City) seeks qualification submittals from firms for providing land surveying (consultant) services related to design and construction of various future development and engineering projects. Work includes boundary surveys, topographic surveys, construction staking and related work. The City intends to select a minimum of two firms and a maximum of three firms from these submittals to do the work. Qualification Submittal Qualification submittals must be received no later than 12 noon, P.S.T., on February 25, 2016 at the following address: City Clerk City of Salinas 200 Lincoln Avenue Salinas, CA Qualification submittals received after this deadline will be returned unopened. The Qualification submittal and any accompanying documents shall be submitted in a sealed envelope with the words on-call Land Surveying Services clearly marked in the lower left-hand corner of the envelope. Four bound copies, plus one reproducible unbound copy, should be submitted. Fee schedule shall be submitted in a separate sealed envelope, and placed inside the proposal package. The qualification submittal will be limited to a maximum of 20 numbered pages including title sheet and cover letter if provided. Minimum font size is 12. Page size is limited to letter size with no fold-outs. Submittals must be printed on both sides of the paper. A clear front and back cover shall be provided and the front and back clear cover will not count towards the 20- page limit. Tentative Schedule The following is the City s tentative schedule for the selection of consultants: January 29, 2016 February 18, 2016 February 25, 2016 February 29 to March 11, 2016 Week of March 14, 2016 April 19, 2016 Advertise RFQ Deadline for Questions or Request for Clarifications Submittal Deadline Review and Ranking Period Notify Top Consultants City Council Approval of Master Services Agreement \\vsalsvr60\deptpvt\pwdes\diosefe\documents\ms\consultant Agreement\Jan 2016 Surveying Services RFQ - Final.docx Page 1

3 Questions Questions regarding this RFQ should be directed to: Josie Lantaca, Assistant Engineer City of Salinas, Public Works Department 200 Lincoln Avenue, Salinas, CA Phone (831) Fax (831) Qualification Submittal The qualification submittal should include the following information: Firm Profile Project Team Relevant Project Experiences References Completed DBE Forms Sealed Fee Schedule Anticipated Work Scope Consultants will perform land surveying consulting services for the City of Salinas related to design and construction of various future development and engineering projects. Work includes boundary surveys, topographic surveys, construction staking and related work. Anticipated work scope will vary with each project. On each occasion that the Consultant performs services for the City, Consultant shall advise the City in writing of the scope of services to be provided, the cost of, and estimated time to perform the service. Compensation will be provided on a project-byproject basis, with each project subject to review and approval by the City Engineer. Master Service Agreements (see attached sample) will be executed between the City and each of the Consultants to memorialize the contractual relationship between City and Consultants. The Agreements will remain in effect for a five-year period. Prevailing Wage Requirements The services described herein are considered public works as defined by California Labor Code Section 1720 et seq. Consultant shall comply with the applicable provisions of Labor Code Sections and , 1813, and Any Consultant awarded a contract as the result of this RFQ shall be responsible for compliance with all applicable prevailing wage laws, as well as any and all applicable state or federal wage laws, for services under the Consultant s contract. All projects are subject to compliance monitoring and enforcement by the Department of Industrial Relations. \\vsalsvr60\deptpvt\pwdes\diosefe\documents\ms\consultant Agreement\Jan 2016 Surveying Services RFQ - Final.docx Page 2

4 DBE Requirements for Federally Funded projects only In February 2013, Salinas City Council established an annual DBE participation goal of 6.06%. Establishing an annual DBE participation goal is a requirement for obtaining federal transportation funding for consultant and construction contracts. Consultants must give consideration to DBE firms as specified in 23CFR 172.5(b), 49 CFR, Part 26, and in Exhibit 10-I Notice to Proposers Disadvantaged Business Enterprise Information. If the contract has a DBE goal, the consultant must meet the DBE goal by using DBEs as sub consultants or document a good faith effort to meet the goal. If a DBE sub consultant is unable to perform, the consultant must make a good faith effort to replace him/her with another DBE sub consultant if the goal is not otherwise met. The following forms are included in this RFQ as Attachment B: Exhibit 10-I Notice to Proposers Disadvantage Business Enterprise Information Exhibit 10-O(2) Consultant Contract DBE Information Exhibit CEM-2402F Final Report-Utilization of Disadvantage Business Enterprise (DBE) First Tier Subcontractors. (Do not submit as part of SOQ package) These forms shall be submitted with your Statement of Qualifications (SOQ), with the exception of CEM-2402F. Therefore, all firms responding to this RFQ should make a Good Faith Effort to achieve DBE participation when establishing their team, including any necessary sub consultants to meet the range of specified DBE goals. Business License Requirements If selected to be on the on-call consultant list, your firm will be required to obtain a City of Salinas Business License. Refer to link for information: EVALUATION AND RATING CRITERIA Evaluation Process An evaluation committee consisting of City Staff will review each SOQ for completeness and content. Each SOQ will be evaluated based upon the relevant experience of the consultant. The evaluation committee will review and rank the SOQs and may conduct interviews, if necessary. The rankings will be based upon the following criteria: 1. Firm Profile (25 points max): Does the firm offer the breadth, qualified number of staff members for expedite work, and quality of services required for Land Surveying Services? Were the DBE forms in Attachment B filled out completely and accurately? 2. Project Team (25 points max): Do the qualifications of key personnel to be assigned to projects coincide with tasks listed in the anticipated Scope of Work? \\vsalsvr60\deptpvt\pwdes\diosefe\documents\ms\consultant Agreement\Jan 2016 Surveying Services RFQ - Final.docx Page 3

5 Do assigned personnel and sub consultants have requisite education, experience, and professional qualifications? Does the firm s organizational structure show sufficient depth for workload? Identify licensed Land Surveyors and pre-1/1/1982 Professional Engineers who will support the task efforts. 3. Relevant Project Experience (30 points max): Has the firm demonstrated the ability to successfully provide services for projects described herein? 4. References (20 points max): Are the firm s references from past clients and associates favorable? Does the firm show financial and operational stability? Total of 100 points possible An evaluation committee will review the SOQs and forward its recommendation to the City Engineer. The City Engineer will finalize the ranking, and, if necessary, conduct consultant interviews. Negotiation - The City will negotiate to secure agreements with the top-ranked firms. If unsuccessful, negotiations will be terminated and staff shall then begin negotiating with the next ranked firm. This process will continue until an agreement is secured. A minimum of two on-call consultants will be recommended to the City Council for final approval along with its respective signed master service agreements. The City reserves the right to reject any and all submittals received, and to re-advertise/reissue this request for qualifications. RECORDS AND FINANCIAL DATA All correspondence with the City, including responses to this Request for Qualifications, will become the exclusive property of the City and will become public records under the California Public Records Act. All documents submitted in response to this Request for Qualifications will be subject to disclosure if requested by a member of the public. There are very limited number of narrow exceptions to this disclosure requirement. During the selection process, until a firm is selected the City will not disclose submittals/proposals, except as otherwise required under applicable law. This means that, depending on the nature and timing of the request, or future court decisions, information may not remain private and may be publicly disclosed. Rates for services are not considered confidential or proprietary and are subject to disclosure. The following are general information for the proposers: a. A prospective firm may withdraw their submittals at any time prior to the date and time which is set forth herein as the deadline for submittal of Statement of Qualifications. \\vsalsvr60\deptpvt\pwdes\diosefe\documents\ms\consultant Agreement\Jan 2016 Surveying Services RFQ - Final.docx Page 4

6 b. Each prospective firm submitting SOQ in response to this Request for Qualification agrees that the preparation of all materials for submittal to the City and all presentations are at the prospective firms sole cost and expense, and the City will not, under any circumstances, be responsible for any costs or expenses incurred by a prospective firm. In addition, each prospective firm understands and agrees that all documentation and materials submitted with a proposal will remain the property of the City and will become a public document. c. The City reserves the right to request additional information from any and all prospective firms as deemed necessary by the City in order to evaluate the submittals. This process may not be used, however, as an opportunity to submit missing documentation or to make substantive revisions to the original SOQ. d. All SOQs will remain in effect and legally binding for at least one hundred twenty (120) days from the date of submission, exception as provided in section b above. e. This Request for Qualification shall be governed in accordance with the laws of the State of California and the jurisdiction of any disputes hereunder shall be had in Monterey County. The City of Salinas reserves the right to (1) reject any or all responses, (2) postpone award of the contract for a period not to exceed one hundred twenty (120) calendar days from the date replies are due, (3) waive informalities in the responses, and (4) take whatever action or make whatever decision it determines to be in the best interest of the City. The City of Salinas assumes no obligation in this general solicitation of Proposals and all costs and expenses of responding to this RFQ shall be borne by the individual parties preparing and/or submitting a proposal. ATTACHMENTS Attachments: Attachment A Sample Agreement Attachment B DBE forms \\vsalsvr60\deptpvt\pwdes\diosefe\documents\ms\consultant Agreement\Jan 2016 Surveying Services RFQ - Final.docx Page 5

7 ATTACHMENT A SAMPLE AGREEMENT MASTER SERVICE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SALINAS AND CONSULTANT This Master Service Agreement for Professional Services (the Agreement ) is made and entered into this XX th day of April, 2016, by and between the City of Salinas, a California charter city and municipal corporation (hereinafter City ), and CONSULTANT, a California Corporation (hereinafter Consultant ). RECITALS WHEREAS, Consultant represents that it is specially trained, experienced, and competent to perform the special services which will be required by this Agreement; and WHEREAS, Consultant is willing to render such professional services, as hereinafter defined, on the following terms and conditions. NOW, THEREFORE, City and Consultant agree as follows: TERMS 1. Scope of Service. It is understood by City and Consultant that Consultant performs or secures the performance of consulting and related services for the City on an on-going basis. On each occasion Consultant performs services for City, Consultant shall advise the City in writing of the scope of services to be provided, and the cost of, and estimated time to perform the services. Consultant shall not proceed to perform any such service until City and Consultant have established a project cost, a completion schedule, and a time period for performance, and the City has given its written authorization to perform. Written approval for performance and compensation may be granted by the City Engineer. 2. Term; Completion Schedule. This Agreement shall commence on March xx, 2016, and shall terminate on March xx, 2021, unless extended in writing by either party upon thirty (30) days written notice. This Agreement may be extended only upon mutual written consent of the parties, and may be terminated only pursuant to the terms of this Agreement. 3. Compensation. City hereby agrees to pay Consultant for services rendered the City pursuant to this Agreement, in accord with Consultant s hourly rates of compensation as shown on Exhibit A. 4. Billing. Consultant shall submit to City an itemized invoice, prepared in a form satisfactory to City, describing its services and costs for the period covered by the invoice. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant s bills shall include the following information to which such services cost or pertain: a. A brief description of services performed; b. The date the services were performed; c. The number of hours spent and by whom; d. A brief description of any costs incurred; and e. The Consultant s signature. January 28, 2016 Master Service Agreement - On Call Land Surveying Services Page 1

8 ATTACHMENT A SAMPLE AGREEMENT Any such invoices shall be in full accord with any and all applicable provisions of this Agreement. City shall make payment on each such invoice within thirty (30) days of receipt; provided, however, that if Consultant submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, City shall not be obligated to process any payment to Consultant until thirty (30) days after a correct and complying invoice has been submitted by Consultant. The City shall process undisputed portion immediately within 30 calendar days. 5. Additional Copies. If City requires additional copies of reports, or any other material which Consultant is required to furnish as part of the services under this Agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the actual costs related to the production of such copies by Consultant. 6. Responsibility of Consultant. a. By executing this Agreement, Consultant agrees that the services to be provided and work to be performed under this Agreement shall be performed in a fully competent manner. By executing this Agreement, Consultant further agrees and represents to City that the Consultant possesses, or shall arrange to secure from others, all of the necessary professional capabilities, experience, resources, and facilities necessary to provide the City the services contemplated under this Agreement and that City relies upon the professional skills of Consultant to do and perform Consultant s work. Consultant further agrees and represents that Consultant shall follow the current, generally accepted practices in this area to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the projects for which the services are rendered under this Agreement. b. Consultant shall assign a single Project Director to have overall responsibility for the execution of this Agreement for Consultant. CONSULTANT CONTACT, is hereby designated as the Project Director for Consultant. Any changes in the Project Director designee shall be subject to the prior written acceptance and approval of the City Manager. 7. Responsibility of City. To the extent appropriate to the projects to be completed by Consultant pursuant to this Agreement, City shall: a. Assist Consultant by placing at his disposal all available information pertinent to the projects, including but not limited to, previous reports and any other data relative to the projects. Nothing contained herein shall obligate City to incur any expense in connection with completion of studies or acquisition of information not otherwise in the possession of City. b. Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents presented by Consultant, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the services of Consultant. c. Robert C. Russell, P.E., City Engineer, shall act as City s representative with respect to the work to be performed under this Agreement. Such person shall have the complete authority to transmit instructions, receive information, interpret and define City s policies and decisions with January 28, 2016 Master Service Agreement - On Call Land Surveying Services Page 2

9 ATTACHMENT A SAMPLE AGREEMENT respect to materials, equipment, elements, and systems pertinent to Consultant s services. City may unilaterally change its representative upon notice to the Consultant. d. Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any defect in a project. 8. Acceptance of Work Not a Release. Acceptance by the City of the work to be performed under this Agreement does not operate as a release of Consultant from professional responsibility for the work performed. 9. Indemnification and Hold Harmless. Consultant shall indemnify, defend, and hold City and its officers, employees, and agents harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to any property, or violation of any relevant federal, state or municipal law or ordinance, or other cause in connection with the negligent, recklessness or intentional acts or omission of Consultant, its employees, subcontractors or agents, or on account of the performance or character of the work, performed in breach of the applicable standard of care, except for any such claim arising from the negligence or willful misconduct of the City, its officers, employees or agents. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. Consultant shall reimburse the City for all costs and expenses including, but not limited to court costs, incurred by the City in enforcing the provisions of this section. 10. Insurance. a. Consultant shall, throughout the duration of this Agreement, maintain comprehensive general liability and property insurance covering all operations of the Consultant, its agents and employees, performed in connection with this Agreement including but not limited to premises and automobile. b. Consultant shall at least maintain the following limits and understands and acknowledges that such limits may change through the term of this agreement as the City s insurance requirements are periodically reviewed and updated: General Liability - Contractor shall at all times during the term of this Agreement maintain in effect a policy or policies having an A.M Best rating of A-Class VIII or better for bodily injury liability, personal injury, advertising injury and property damage, including product liability insurance with limits on the Declarations Page but not less than One Million and 00/100 Dollars ($1,000,000.00) per occurrence and Two Million and 00/100 Dollars ($2,000,000) in the general aggregate and products/completed operations aggregate insuring against any and all liability of the insured with respect to premises and products/completed operations. Liability coverage shall also include coverage for underground work and/or construction performed (if applicable). The coverage afforded to the additional insureds under the Contractor s policy shall be primary insurance and non-contributory. If coverage is on a claims-made basis, the Contractor shall maintain tail coverage no less than ten (10) years after the expiration date of January 28, 2016 Master Service Agreement - On Call Land Surveying Services Page 3

10 ATTACHMENT A SAMPLE AGREEMENT the policy or policies. Any policy or policies carrying a deductible of more than $25, may be subject to review by the City of the Contractor s financials. Umbrella or Excess - Contractor shall provide limits on the Declarations Page but not less than Two Million and 00/100 Dollars ($2,000,000) per occurrence and Two Million and 00/100 ($2,000,000) in the aggregate on a follow - form basis having an A.M Best rating of A-Class VIII or better. Auto Liability - Contractor shall provide limits on the Declarations Page but not less than One Million and 00/100 ($1,000,000.00) combined single limit for bodily injury and property damage having an A.M Best rating of A - Class VIII or better. Automobile Liability Symbol 1 (any auto), if the Company owns automobiles. An entity without autos shall have Non -owned and Hired coverage (Auto Symbols 8 & 9). The City and its elected and appointed officers, boards, commissions, agents and employees shall be named as Additional Insureds. Workers Compensation Contractor shall provide Workers Compensation Insurance sufficient to meet its statutory obligation and to provide benefits for employees with claims of bodily injury or occupational disease (including resulting death) as required by the State of California and Employer s Liability Insurance for One Million and 00/100 Dollars ($1,000,000). Waiver of Subrogation for Workers Compensation in favor of the City of Salinas is required. Professional Liability - Contractor shall provide limits on the Declarations Page but not less than One Million and 00/100 Dollars ($1,000,000) per claim and One Million and 00/100 Dollars ($1,000,000) in the aggregate having an A.M Best rating of A-Class VIII or better. c. All insurance companies with the exception of Worker s Compensation and professional errors and omissions affording coverage to the Consultant shall be required to add the City of Salinas, its officers, and, agents as additional insured by endorsement under the insurance policy and shall stipulate that this insurance policy will operate as primary insured for the work performed under this Agreement and that no other insurance affected by the City or other named insured will be called upon to contribute to a loss covered thereunder. The policy shall contain no special limitations on the scope of protection afforded to City, its officers, employees or agents. d. All insurance companies affording coverage to Consultant shall be insurance organizations authorized by the Insurance Commissioner to transact the business of insurance in the State of California. e. All insurance companies affording coverage shall provide thirty (30) days written notice by certified mail to the City of Salinas should the policy be canceled or reduced in coverage before the expiration date. For the purpose of this notice requirement, any material change prior to expiration shall be considered cancellation. f. Consultant shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance, in a form satisfactory to the City s Risk and Benefits Analyst, concurrently with the submittal of this Agreement. A statement on the insurance certificate which states that the insurance company will endeavor to notify the certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the Consultant, its agents or representatives does not satisfy the requirements of this subsection. The January 28, 2016 Master Service Agreement - On Call Land Surveying Services Page 4

11 ATTACHMENT A SAMPLE AGREEMENT Consultant shall ensure that the authorized representative of the insurance company strikes the above quoted language from the certificate. g. Consultant shall provide a substitute certificate of insurance no later than ten (10) days prior to the policy expiration date. Failure by the Consultant to provide such a substitution and extend the policy expiration date shall be considered default by Consultant. In the event Consultant is unable to provide a substitute certificate of insurance within the time prescribed in this subsection, Consultant shall provide written confirmation of renewal, in a form satisfactory to the City, to act as proof of insurance only until such time as a certificate of insurance has been received by the City. h. Maintenance of insurance by the Consultant as specified in this Agreement shall in no way be interpreted as relieving the Consultant of any responsibility whatever and the Consultant may carry, at its own expense, such additional insurance as it deems necessary. 11. Access to Records. Consultant shall maintain all preparatory books, records, documents, accounting ledgers, and similar materials including but not limited to calculation and survey notes relating to work performed for the City under this Agreement on file for at least three (3) years following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit, and copying at reasonable times during Consultant s usual and customary business hours. Consultant shall provide proper facilities to City s representative(s) for such access and inspection. 12. Assignment. It is recognized by the parties hereto that a substantial inducement to City for entering into this Agreement was, and is, the professional reputation and competence of Consultant. This Agreement is personal to Consultant and shall not be assigned by it without express written approval of the City. 13. Ownership of Documents. Title to all final documents, including drawings, specifications, data, reports, summaries, correspondence, photographs, computer software (if purchased on the City s behalf), video and audio tapes, software output, and any other materials with respect to work performed under this Agreement shall vest with City at such time as City has compensated Consultant, as provided herein, for the services rendered by Consultant in connection with which they were prepared. City agrees to hold harmless and indemnify the Consultant against all damages, claims, lawsuits, and losses of any kind including defense costs arising out of any use of said documents, drawings, and/or specifications on any other project without written authorization of the Consultant. 14. Termination. a. City shall have the authority to terminate this Agreement, upon written notice to Consultant, as follows: (1) If in the City s opinion the conduct of the Consultant is such that the interest of the City may be impaired or prejudiced, or (2) For any reason whatsoever. January 28, 2016 Master Service Agreement - On Call Land Surveying Services Page 5

12 ATTACHMENT A SAMPLE AGREEMENT b. Upon termination, Consultant shall be entitled to payment of such amount as fairly compensates Consultant for all work satisfactorily performed up to the date of based upon the hourly rates of compensation shown in Exhibit A, except that: (1) In the event of termination by the City for Consultant s default, City shall deduct from the amount due Consultant the total amount of additional expenses incurred by City as a result of such default. Such deduction from amounts due Consultant are made to compensate City for its actual additional costs incurred in securing satisfactory performance of the terms of this Agreement, including but not limited to, costs of engaging another consultant(s) for such purposes. In the event that such additional expenses shall exceed amounts otherwise due and payable to Consultant hereunder, Consultant shall pay City the full amount of such expense. c. In the event that this Agreement is terminated by City for any reason, Consultant shall: (1) Upon receipt of written notice of such termination promptly cease all services on this project, unless otherwise directed by City; and (2) Deliver to City all documents, data, reports, summaries, correspondence, photographs, computer software output, video and audio tapes, and any other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Such material is to be delivered to City in completed form; however, notwithstanding the provisions of Section 15 herein, City may condition payment for services rendered to the date of termination upon Consultant s delivery to the City of such material. d. In the event that this Agreement is terminated by City for any reason, City is hereby expressly permitted to assume the projects and complete them by any means, including but not limited to, an agreement with another party. e. The rights and remedy of the City and Consultant provided under this Section are not exclusive and are in addition to any other rights and remedies provided by law or appearing in any other section of this Agreement. 15. Compliance with Laws, Rules, and Regulations. Services performed by Consultant pursuant to this Agreement shall be performed in accordance and full compliance with all applicable federal, state, and City laws and any rules or regulations promulgated thereunder. 16. Exhibits Incorporated. All exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference. In the event there is a conflict between any of the terms of this Agreement and any of the terms of any exhibit to the Agreement, the terms of the Agreement shall control the respective duties and liabilities of the parties. 17. Independent Contractor. It is expressly understood and agreed by both parties that Consultant, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the City. Consultant expressly warrants not to represent, at any time or in any manner, that Consultant is an employee or servant of the City. January 28, 2016 Master Service Agreement - On Call Land Surveying Services Page 6

13 ATTACHMENT A SAMPLE AGREEMENT 18. Integration and Agreement. This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters contained herein. This Agreement may not be modified or altered except by amendment in writing signed by both parties. 19. Jurisdiction. This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in the State of California, in the County of Monterey or in the appropriate federal court with jurisdiction over the matter. 20. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect. 21. Notices. a. Written notices to the City hereunder shall, until further notice by City, be addressed to: Deputy Director of Public Works /City Engineer City of Salinas 200 Lincoln Ave. Salinas, California With a Copy to: City Attorney City of Salinas 200 Lincoln Avenue Salinas, California b. Written notices to the Consultant shall, until further notice by the Consultant, be addressed to: CONSULTANT Attn: CONSULTANT CONTACT CONSULTANT ADDRESS c. The execution of any such notices by the City Engineer of the City shall be effective as to Consultant as if it were by resolution or order of the City Council, and Consultant shall not question the authority of the City Engineer to execute any such notice. d. All such notices shall either be delivered personally to the other party s designee named above, or shall be deposited in the United States Mail, properly addressed as aforesaid, postage fully prepaid, and shall be effective the day following such deposit in the mail. 22. Nondiscrimination. During the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability. Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during January 28, 2016 Master Service Agreement - On Call Land Surveying Services Page 7

14 ATTACHMENT A SAMPLE AGREEMENT employment without regard to their race, color, religion, ancestry, creed, sex, national origin, familial status, sexual orientation, age (over 40 years) or disability. 23. Conflict of Interest. Consultant warrants and declares that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, in any manner or degree which will render the services required under the provisions of this Agreement a violation of any applicable local, state or federal law. Consultant further declares that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code section et seq.) and Salinas City Code Chapter 2A that apply to Consultant as the result of Consultant s performance of the work or services pursuant to the terms of this Agreement. 24. Headings. The section headings appearing herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of this Agreement. 25. Attorney s Fees. In case suit shall be brought to interpret or to enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing party in such action shall be entitled to recover their reasonable attorneys fees in addition to such costs as may be allowed by the Court. City s attorneys fees, if awarded, shall be calculated at the market rate. 26. Non-Exclusive Agreement. This Agreement is non-exclusive and both City and Consultant expressly reserves the right to contract with other entities for the same or similar services. 27. Rights and Obligations Under Agreement. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. 28. Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its representatives, agents or subcontractors by federal, state or local law, Consultant warrants that such license has been obtained, is valid and in good standing, and that any applicable bond posted in accordance with applicable laws and regulations. 29. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement. 30. Legal Representation. Each party affirms that it has been represented by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect. Neither party is relying on any statement of the other party outside the terms set forth in this Agreement as an inducement to enter into this Agreement. 31. Joint Representation. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked. January 28, 2016 Master Service Agreement - On Call Land Surveying Services Page 8

15 ATTACHMENT A SAMPLE AGREEMENT 32. Warranty of Authority. Each party represents and warrants that it has the right, power, and authority to enter into this Agreement. Each party further represents and warrants that it has given any and all notices, and obtained any and all consents, powers, and authorities, necessary to permit it, and the persons entering into this Agreement for it, to enter into this Agreement. 33. No Waiver of Rights. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. The failure to provide notice of any breach of this Agreement or failure to comply with any of the terms of this Agreement shall not constitute a waiver thereof. Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision. A waiver by the City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date first written above. CITY OF SALINAS Ray E. Corpuz, Jr., City Manager Date APPROVED AS TO FORM: Christopher A. Callihan, City Attorney Date Consultant Its: Date By: Its: Date END OF DOCUMENT January 28, 2016 Master Service Agreement - On Call Land Surveying Services Page 9

16 Local Assistance Procedures Manual EXHBIT 10-I Notice to Proposers DBE Information EXHIBIT 10-I NOTICE TO PROPOSERS DBE INFORMATION The Agency has not established a goal for this Contract. However, proposers are encouraged to obtain DBE participation for this contract. 1. TERMS AS USED IN THIS DOCUMENT The term Disadvantaged Business Enterprise or DBE means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Code of Federal Regulations (CFR), Part The term Agreement also means Contract. Agency also means the local entity entering into this contract with the Contractor or Consultant. The term Small Business or SB is as defined in 49 CFR AUTHORITY AND RESPONSIBILITY A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts financed in whole or in part with federal funds (See 49 CFR 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs ). The Consultant must ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs. 3. SUBMISSION OF DBE INFORMATION If there is a DBE goal on the contract, Exhibit 10-O1 Consultant Proposal DBE Commitment must be included in the Request for Proposal. In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer must document adequate good faith efforts. All DBE participation will be counted towards the contract goal; therefore, all DBE participation shall be collected and reported. Exhibit 10-O2 Consultant Contract DBE Information must be included with the Request for Proposal. Even if no DBE participation will be reported, the successful proposer must execute and return the form. 4. DBE PARTICIPATION GENERAL INFORMATION It is the proposer s responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department s DBE program developed pursuant to the regulations. Particular attention is directed to the following: A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP). B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor of material or supplies, or as a trucking company. Page 1 of 3 LPP May 8, 2013

17 Local Assistance Procedures Manual EXHBIT 10-I Notice to Proposers DBE Information C. A DBE proposer not proposing as a joint venture with a non-dbe, will be required to document one or a combination of the following: 1. The proposer is a DBE and will meet the goal by performing work with its own forces. 2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers or trucking companies. 3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal. D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest. E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work. F. The proposer shall list only one subconsultant for each portion of work as defined in their proposal and all DBE subconsultants should be listed in the bid/cost proposal list of subconsultants. G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the DBE participation except that portion of the work to be performed by non-dbe subconsultants. 5. RESOURCES A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number for assistance. B. Access the CUCP database from the Department of Transportation, Office of Business and Economic Opportunity Web site at: 1. Click on the link in the left menu titled Disadvantaged Business Enterprise; 2. Click on Search for a DBE Firm link; 3. Click on Access to the DBE Query Form located on the first line in the center of the page. Searches can be performed by one or more criteria. Follow instructions on the screen. 6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE GOAL UNDER THE FOLLOWING CONDITIONS: A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications. B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk Page 2 of 3 LPP May 8, 2013

18 Local Assistance Procedures Manual EXHBIT 10-I Notice to Proposers DBE Information items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section. C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers own distribution equipment shall be, by a long-term lease agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers, brokers, manufacturers representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section. D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. Page 3 of 3 LPP May 8, 2013

19 Local Assistance Procedures Manual Exhibit 10-O2 Consultant Contract DBE Commitment EXHIBIT 10-O2 CONSULTANT CONTRACT DBE COMMITMENT 1. Local Agency: 2. Contract DBE Goal: 3. Project Description: 4. Project Location: 5. Consultant's Name: 6. Prime Certified DBE: 7. Total Contract Award Amount: 8. Total Dollar Amount for ALL Subconsultants: 9. Total Number of ALL Subconsultants: 10. Description of Work, Service, or Materials Supplied 11. DBE Certification Number 12. DBE Contact Information 13. DBE Dollar Amount 20. Local Agency Contract Number: 21. Federal-Aid Project Number: 22. Contract Execution Date: Local Agency to Complete this Section Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate. 14. TOTAL CLAIMED DBE PARTICIPATION IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required. $ % 23. Local Agency Representative's Signature 24. Date 15. Preparer's Signature 16. Date 25. Local Agency Representative's Name 26. Phone 17. Preparer's Name 18. Phone 27. Local Agency Representative's Title 19. Preparer's Title DISTRIBUTION: 1. Original Local Agency 2. Copy Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) or TDD (916) or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA Page 1 of 2 July 23, 2015

20 Local Assistance Procedures Manual Exhibit 10-O2 Consultant Contract DBE Commitment CONSULTANT SECTION INSTRUCTIONS CONSULTANT CONTRACT DBE COMMITMENT 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 4. Project Location - Enter the project location as it appears on the project advertisement. 5. Consultant s Name - Enter the consultant s firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant. 8. Total Dollar Amount for ALL Subconsultants Enter the total dollar amount for all subcontracted consultants. SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count. 9. Total number of ALL subconsultants Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count. 10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 11. DBE Certification Number - Enter the DBE s Certification Identification Number. All DBEs must be certified on the date bids are opened. 12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant s name and phone number, if the prime is a DBE. 13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the DBE Dollar Amount column. %: Enter the total DBE participation claimed ( Total Participation Dollars Claimed divided by item Total Contract Award Amount ). If the total % claimed is less than item Contract DBE Goal, an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 15. Preparer s Signature - The person completing the DBE commitment form on behalf of the consultant s firm must sign their name. 16. Date - Enter the date the DBE commitment form is signed by the consultant s preparer. 17. Preparer s Name - Enter the name of the person preparing and signing the consultant s DBE commitment form. 18. Phone - Enter the area code and phone number of the person signing the consultant s DBE commitment form. 19. Preparer s Title - Enter the position/title of the person signing the consultant s DBE commitment form. LOCAL AGENCY SECTION 20. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 21. Federal-Aid Project Number - Enter the Federal-Aid Project Number. 22. Contract Execution Date - Enter the date the contract was executed. 23. Local Agency Representative s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 25. Local Agency Representative s Name - Enter the name of the Local Agency Representative certifying the consultant s DBE commitment form. 26. Phone - Enter the area code and phone number of the person signing the consultant s DBE commitment form. 27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant s DBE commitment form. Page 2 of 2 July 23, 2015