Aquatic Center UPDATE

Article Source: City of San Bruno CA

City of San Bruno

REQUEST FOR PROPOSAL (RFP)

Project and Construction Management Services for Recreation and Aquatic Center Project

City of San Bruno

567 El Camino Real

San Bruno, CA 94066

Proposal Due Date: October 19, 2018, at 5 pm PST

1. Introduction

The City of San Bruno is located on the San Francisco Peninsula in San Mateo County, approximately 12 miles south of San Francisco and immediately adjacent to the San Francisco International Airport. The total land area of San Bruno is 5.8 square miles and the City has a residential population of 42,957 as of July 1, 2016. San Bruno is a general law city incorporated in 1914 that operates under the council-manager form of government.

The City provides a full range of services including Police, Fire, Public Works including streets, water, sewer, and stormwater services, Community Services including parks and facilities maintenance, recreation, aquatics and senior citizen events and programs, and library services. The City also operates a cable television/internet service enterprise. General government activities include city administration, legal services, finance, human resources, and technology. The City employs 253 full-time positions.

The Veterans Memorial Recreation Center built in the mid-1950’s is an important community amenity. It includes one gymnasium, two meeting rooms, a kitchen, restrooms, an exercise room, and three rooms for classes, programs, and special events. The Center is centrally located in City Park and is the “hub” of the community’s recreational and community activities and programs (Attachment 1). The Veterans Memorial Recreation Center is used daily for a wide variety of youth and adult activities including arts and crafts and other recreation classes, meetings, after school programs, summer day camps, fitness activities, sports programs and private parties. A complete listing of Community Center Program and activity offerings can be found in the San Bruno Community Services Activity Guide on the City’s website at www.sanbruno.ca.gov. A direct link to the Activity Guide is listed in Section 5 below. The Recreation Center also houses the administrative offices for the Community Services Department.

The existing San Bruno Swimming Pool is the only public swimming pool in the community and is an important community amenity. It is used by residents, non­residents, students, children, and adults for a variety of aquatic classes, events and recreational swimming activities. Due to its open outdoor design, the Swimming Pool is used only during the months of June through September and it is not available for the community’s enjoyment during the winter and spring months. The Swimming Pool complex includes an office area, restrooms with lockers and showers, pump and mechanical room, wading pool and L-shaped swimming pool with five 25 yd lanes and a ten foot by ten foot diving area.

The new Recreation and Aquatics Center Project consists of three separate phases. The first phase of work included the conceptual design of the new Center. The second phase is to proceed with the development of schematic design plans and construction drawings, and the third phase is project construction.

On June 26, 2018, the City Council adopted the first phase of the Recreation and Aquatics Center Project, the conceptual design. The development of the conceptual design included several components, including: program alternatives; site analysis and alternatives; building alternatives; project budget and operating strategies; analysis and evaluation of identified alternatives; recommended alternative; conceptual design package and budget; and, public engagement. The conceptual design of the new Recreation and Aquatics Center Project have been completed by Group 4 Architecture located in South San Francisco. Currently, the new project will be located in the same general area as the existing San Bruno Swimming Pool and Veterans Memorial Recreation Center.

On July 24, 2018, the City Council approved a contract with Group 4 for the development of the design and construction documents. The scope of work includes six main tasks: schematic design development; design development and review; construction documents/plan check at 90%; bid documents and back check; support to bidding and award of the construction contract; and construction support. The project includes the realignment of City Park Way, improvements to the parking lot and landscaping along City Park Way in addition to demolition of the existing facilities and the new construction. The development of design drawings is anticipated to take approximately 12-18 months. The estimated completion of the project is anticipated to be at the end of calendar year 2019.

This Request for Proposal (RFP) is issued to provide the selection process for Owner’s Representation/Project Management and construction management services to manage the design and construction phases of the new Recreation and Aquatics Center Project.

2. PURPOSE OF THIS RFP

The purpose of this Request for Proposal (RFP) is to facilitate the selection of a qualified Project and Construction Management services to assist with managing the design and construction phases of the new Recreation and Aquatics Center Project. Firms submitting a response to the RFP is required to state their understanding of the project and experience with project and construction management services for similar facilities.

Consultants are urged to submit concise proposals, appropriate to the scale of the project and include only items that are relevant to this specific project. The Fee Proposal shall be submitted in a separate sealed envelope marked “Fee Proposal for Recreation and Aquatics Center Project – Project and Construction Management Services”.

The City of San Bruno reserves the right to reject any or all responses received as a result of this solicitation; to extend the submission due date for; to modify, amend, reissue or rewrite this document; and to procure any or all services by other means.

The City will not be liable for any costs incurred by the consulting firms’ incidentals to the preparation of proposals or for developing and carrying out interview presentations, if needed.

Submission of a proposal indicates acceptance by the firm of the conditions contained in this RFP and Sealed Fee Proposal unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of San Bruno and the firm selected.

• SCOPE OF SERVICES
• SELECTION PROCESS
• SELECTION CRITERIA

The Recreation and Aquatics Center Project will require the selected consultant (Consultant) to conduct project and construction management services as included in Attachment 2.

The RFP process will establish a ranking based on how each proposal meets the qualifications of the Scope of Services and the requirements of the RFP. The proposal shall conform to the Proposal Requirements (Attachment 3). It is important that all listed items be included in the proposal. Proposals, which do not comply with all the requirements per or the proposal deadline, will not be considered. The City reserves the right to reject any or all proposals without qualifications, and to negotiate specific requirements and costs using the selected proposal as a basis.

The selected consultant shall be required to enter into the City’s standard professional services agreement (Attachment 4) and include in the Proposal a signed copy of the Standard Agreement Acknowledgement (Attachment 5). All Consultants that respond to the RFP shall assume that the execution of this agreement, without changes, will be a required condition.

At the conclusion of the evaluation and interview (or if a best-qualified firm is selected without the need for an oral presentation), the City will enter into contract negotiations with the top ranking firm. If negotiations with the top-ranking firm are unsuccessful, negotiations will terminate and the City will undertake negotiations with the second-rank firm. City staff will make recommendations to the City Council, which reserve the right to reject any or all proposals. The selection process will be completed when a contract is executed.

Furthermore, the City reserves the right to reject any or all proposals, and to waive any and all irregularities to choose the firm which, in the City’s opinion, best serves the City’s interests.

• Proposed Work Plan and Approach.
• Experience with project and construction management services for similar project in size and complexity.
• Quality and completeness.
• Relevance and conciseness.
• Qualifications and experience of staff.
• Completion of similar projects and references.
• Manpower allocation.
• Assist the City in clearly defining the scope of the Recreation and Aquatics Center project
• Establish detailed project management and construction management plans that clearly define roles, key tasks, project schedule and project management tools to be used.
• Update the plans, tasks and schedule throughout the project.
• Monitor the project schedule, report deviations to the City and resolve schedule issue.
• Prepare comprehensive project budget, update the project budget regularly, and project monthly status reports.
• Coordinate with City’s finance and accounting departments on related budget and financial matters.
• Create a realistic project budget reflection that includes all construction and non-constructions costs including permit fees, site preparation, utilities, design services, construction costs, inspection services, equipment costs, furniture and fixtures and project contingency.
• Coordinate the communication and work of the project team, including the City, architect, builder and subcontractors.
• Provide project recommendations and facilitate, as needed, City decisions regarding the project.
• Assist the City in giving presentations to the City Council, boards, commissions, stakeholders and community.
• Act as liaison between the project team members and City and provide progress on the design and construction and authorizations and sign-off’s as necessary for the design, construction and operations of the project.
• Provide interpretation of plans and specifications.
• Submit to the City suggestions or changes that could improve the design or reduce costs.
• Coordinate with all relevant regulatory agencies to obtain all permits and approvals required for the project regarding architectural work.
• Administer the contract between the City and architect.
• Work with the architect to ensure that the design stays within budget.
• Work with the architect to ensure that the design process stays within the agreed timeline.
• Work with the architect to ensure the constructability of the design.
• Work with team to outline critical design goals for a successful project.
• Conduct independent cost estimates to corroborate the estimates prepared by the architect.
• Review design documents for conformance with City’s objectives.
• Perform quality control of all architectural deliverables (including those of subconsultants), such as plans, drawings and specifications, to ensure quality, completeness, and appropriateness.
• Review and make recommendations to the City regarding requests for payment from the architect.
• Review applications for payment from Architects and generate monthly invoices for City’s review.
• Attend public workshops and design team meetings.
• Conduct, in conjunction with the City and Architect, pre-construction orientation conference(s) for the benefit of the successful contractors and orient the contractors to the various reporting procedures and site rules prior to the commencement of actual construction.
• Coordinate the mobilization of all contractors and shall coordinate construction sequencing. In addition, provide management and related services as required to coordinate work of the contractors with each other and the activities and responsibilities of the Architect and City to complete the Project in accordance with the contract documents.
• Coordinate with all relevant regulatory agencies to obtain all permits and approvals required for the project regarding construction work.
• Administer the bid process to select the builder.
• Represent the City in reviewing and executing a contract with the builder.
• Administer the contract between the City and the builder.
• Maintain City’s record copies and permanent project files of necessary design and construction related communications. Include construction progress photographs.
• Conduct regular meetings with the City, architect, and builder to enable regular, timely, effective communication, decision making, and problem resolution between the parties.
• Oversee all aspects of the builder’s work (include that of subcontractors), including site preparation and construction, to ensure that the project is being constructed in accordance with the contract drawings.
• Monitor construction costs.
• Review and monitor preliminary and final construction schedules.
• Coordinate and conduct pre-construction meeting.
• Attend weekly construction meetings with the contractor, architect and City.
• Establish and implement Quality Assurance/Quality Control (QA/QC) management plan for the project which includes steps to observe, verify and document the specified level of construction quality.
• Observe construction activities to determine compliance with the drawings and specifications.
• Monitor the construction phase activities including review and approval of materials submittals and samples and responding to request for information.
• Review installation of systems and interiors to ensure they work properly and as designed.
• Coordinate all testing required by the Contract Documents, Architect or other third parties. If requested, assist the City in selecting any special consultants or testing laboratories
• Review contractor's recommendations for corrective action on observed non­conforming work. Make recommendations to the City and Architect in instances where the CM observes work that is defective or not in conformance with the contract documents. Observe the contractor's work to verify that all authorized changes are properly incorporated in the Project.
• Keep a daily log containing a record of weather, the contractors working on the site, number of workers, work accomplished, problems encountered, and other relevant data or such additional data as the City may require.
• Develop and implement a comprehensive document management program. Maintain at the Project site, on a current basis: a record copy of all Contracts, drawings, specifications, addenda, change orders and other modifications, in good order and marked to record all changes made during construction; shop drawings; product data; samples; submittals; purchases; materials; equipment; applicable handbooks; Titles 21 and 24 of the California Code of Regulations; the California Building Code; maintenance and operating manuals and instructions; other related documents and revisions which arise out of the Contracts. Maintain records in duplicate of principal building layout lines, elevations for the bottom of footings, floor levels and key site elevations. At the completion of the Project, Deliver all such records to the Architect so the Architect may review the record as-built drawings, after which the as-built drawings shall be delivered to the City.
• Oversee the change order process, including reviewing and negotiating change orders for accuracy and fairness and making recommendations to the City regarding acceptance.
• Review and recommend the Contractor's schedule of values for each of the activities included in that contractor's schedule of events. Review with the Architect and make recommendations to the City pertaining to payments to the contractors.
• Report to and advise the City on issues of construction cost, schedule and related items.
• Prepare and distribute monthly a Project Status Report that shall include a report and update of all key items required to adequately manage the Project.
• Facilitate resolution of field problems.
• Review and make recommendations to the City regarding requests for payments from the builder.
• Facilitate the completion of punch list items.
• Facilitate procurement and installation of furniture, fixtures, and equipment.
• Coordinate schedule for installation of furniture, fixtures and equipment.
• With the Architect and the City’s maintenance personnel, observe the contractors' proper installation of utilities, operational systems and equipment for readiness and assist in their initial start-up and testing for the Project. Coordinate and assist City in the move-in for the Project.
• Obtain all written material such as operations and maintenance manuals, warranties, affidavits, releases, bonds, waivers and guarantees for all equipment installed in the Project. All such materials, including equipment instruction material, keys, and documents shall be reviewed and delivered to appropriate City personnel.
• Provide the City with a complete catalog of as-built drawings, warranty information, and building operation and maintenance manuals.
• Coordinate and schedule training sessions, if necessary, for the City’s personnel and require that the contractor's obligation in providing this training is fulfilled.
• Assist the City to coordinate the arrival and installation of City furnished materials and fixtures, furnishings and equipment ("FF&E"). Coordinate schedules for City user relocations and occupancy.
• Review contractual requirements for as-builts, close out documentation and warranties, and obtain and compile all required documentation for delivery to the City.
• Perform the punch list in conjunction with the design and engineering firms and monitor progress and completion of corrective work identified on punch list.
• Obtain final claim releases, including release of any stop notices, from the Contractors as required by the contracts and State law.
• Prepare the final payment documentation for prime contractors, and provide a final report to the City that includes:
• Recommend to the City the approval of the issuance of the Certificate of Substantial Completion.
• Provide recommendation to the City regarding the final acceptance of project and release of final payment to builder.
• Monitor the preparation of operations, maintenance manuals and as-built plans and specifications on behalf of the City.
• Assist with response to initial post-occupancy complaints about missing or malfunctioning building components and equipment, and contractor/vendor warranty items.
• Conduct a year-end walk through immediately prior to the expiration of the warranty period and ensure completion of noted items at no additional cost to the City.
• Provide an organization chart graphically indicating how your firm would staff and structure the proposed team
• Resume of team members – identify role on the project
• Clients name, point of Contact, addresses, and telephone numbers
• Description and location of related project(s) and year of completion
• Project completed construction value, project construction start and completion date, method of construction delivery, staff directly involved with the project and owner, contractor, and architect information.
• Key personnel involved in all disciplines

• CONSULTANT SELECTION SCHEDULE
• QUESTIONS

A following schedule has been established for conducting this consultant selection process. The City of San Bruno reserves the right, however, to modify this schedule at any time.

Approximate Dates Task

September 13, 2018 Issuance for Request for Proposal

October 19, 2018 by 5:00 PM Proposals due

October 22 - November 9, 2018 City to review and rank proposals

November 27, 2018 Award Consultant Contract

Questions regarding the information contained in the RFP document must be submitted in writing, by email or by fax, and addressed to:

City of San Bruno

Public Works Department

567 El Camino Real

San Bruno, CA 94066-4299

Attention: Jimmy Tan, Public Works Director

jtan@sanbruno.ca.gov Ph. (650) 616-7065 Fax. (650) 794-1443

All questions must be received by 5:00 p.m. on October 10, 2018. Questions will be responded to in writing. Written summaries of all questions and answers will be distributed to each consultant. Anonymity of the source of specific written questions will be maintained in the written responses. A clarification addendum will be issued, if necessary.

Telephone requests for information or inquiries will be allowed only if the nature of the request or inquiry does not lend itself to formulation into a written question. Verbal inquiries, however, are discouraged and calling parties may be requested to submit written questions in lieu of receiving a verbal response. The intent behind this requirement is to ensure that consultants have available to them the same information and no inconsistent, incomplete or misinformation is communicated to any team.

If any changes or updates to the RFP are made, a copy of the current RFP will be posted on the City’s website at http://www.sanbruno.ca.gov/pw proj bidding.html.

Attachments:

• Site Map
• Scope of Services
• Proposal Format and Requirements
• City Standard Consultant Agreement
• Agreement Acknowledgement

ATTACHMENT 2

SCOPE OF SERVICES

Recreation and Aquatics Center Project – Project and Construction Management

Services

The City is interested in retaining a firm to provide comprehensive project and construction management services including, but not limited to, those listed below. The project and construction management firm will be responsible for serving as the City’s representative and overseeing the work of the architect, builder, and subcontractors to ensure that the Recreation and Aquatics Center is completed in conformance with the City’s scope, quality, schedule and budget requirements.

If the firm believes that the project can be enhanced in any way by the addition of other tasks or the deletion of any specified tasks, such information should be included in the proposal.

Project Management (Design and Construction Phases)

· Develop a communication organization chart for communication flow and decision making.

City of San Bruno

Oversight of Architect (Design Phase)

Oversight of Builder (Construction Phase)

Record, transcribe and distribute meeting minutes to all attendees, the City and all other appropriate parties. Assist in the resolution of any technical construction issues.

Close-Out and Post Construction (Construction Phase)

o A financial summary of all construction contracting, change orders, construction manager, consultant services, FF&E, and other costs associated with the Project.

• A construction summary with final schedule review and update.
• A final acceptance of receipt of all FF&E.

o A final acceptance summary with signed receipts from City staff of all close out document submittals.

· Facilitate training for new equipment with selected City staff members on subjects of operations and maintenance.

· Assist in the resolution of any move-in or furniture and equipment issues.

ATTACHMENT 3

PROPOSAL FORMAT AND REQUIREMENTS

Six (6) copies of Proposal shall be submitted by: Friday, October 19, 2018 at 5 p.m. to:

City of San Bruno

Public Works Department

567 El Camino Real

San Bruno, CA 94066-4299

Attention: Jimmy Tan, Public Works Director

FORMAT:

The proposal shall be precise and shall not include unnecessary promotional material. The proposal shall include the following items and organized as follows.

• Letter of Transmittal. Describe your firm or team’s interest and commitment in providing project and construction management services for the City of San Bruno. An officer of the Consulting firm who is authorized to contractually bind the firm and to negotiate a contract with the City shall sign the letter. Provide name, title, address, email, and telephone number of this officer.
• Table of Contents.
• Work Plan and Approach. Discuss your firm’s understanding of the Scope of Services (Attachment 2) to be performed. Describe the method for management of overall project costs, schedule, quality assurance/quality control, and other issues critical to this project. Describe how your firm engages the community on projects. Describe your firms approach to communication with City team members and consultants. Describe the tools your firm uses to effectively develop and manage the project budgets and schedules.
• Key Personnel Background. Name, position, summary of qualifications, resumes, related experience and proposed responsibilities of project manager and key personnel.

5. Team Experience. Provide an overview of the proposed team and how their experience benefits the proposed project. Listing of projects performed within the last 5-years involving project and construction management services; particularly any work performed for government agencies of similar nature. Include the following information:

• References. Provide at least five references (name, company title, address, email, and telephone number) for project and construction management services for similar project and complexity.
• Standard Agreement Acknowledgement. A signed copy of the Acknowledgement (Attachment 5) that the Consultant agrees with the City’s Standard Professional Services Agreement without any changes.
• Manpower Allocations. Consultant shall provide an estimate of the required personnel hours by task and job title in the proposal for the tasks described in the scope of services. This information is not meant as a fee proposal, but only an indication of the level of effort envisioned for completion of the project at hand. The labor effort required shall be separated for design and construction phases.
• Cost. In a separate sealed envelope, provide complete summary of the estimated number of engineering hours, schedule of hourly rates for each classification, and total not-to-exceed cost for the Scope of Services to be performed. The cost shall be separated for design and construction phases.

ATTACHMENT 4

AGREEMENT FOR CONSULTANT SERVICES

THIS AGREEMENT is made and entered into as of the ____ of______ 20___,

by and between the CITY OF SAN BRUNO (“City”), a municipal corporation, and

___________________ , a [insert form of company: corporation of __ , limited liability

company, sole proprietor], with offices located in ________ (“Consultant”). Consultant

and City shall be referred collectively as the “Parties.”

RECITALS

WHEREAS, City desires to engage Consultant to ;

WHEREAS, Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement.

WHEREAS, Consultant has affirmed its willingness and ability to perform such

work.

It is agreed between the City of San Bruno, California, and Consultant as follows:

• Term. The term of this Agreement shall commence on the above written date,
• Scope of Services to be performed. Consultant shall diligently perform all the services described in the Project Description & Scope of Services attached hereto as Exhibit A and incorporated herein by reference. In summary, the scope of service includes, but is not limited to,
• Time is of the Essence. Time is of the essence for each and every provision of this Agreement. The time for completion of the contracted work shall only be extended by written approval of the City Manager as provided for in Section 1. The failure of Consultant to strictly adhere to the project schedule to or complete duties in a timely fashion as determined by the City may result in termination of this Agreement by the City.
• Compensation to Consultant. City shall pay Consultant for the services on a time and expense not-to-exceed basis in accordance with the provisions of this Section and the Compensation Schedule attached hereto as Exhibit B and incorporated herein by reference. Consultant’s compensation for all work performed in accordance with this Agreement, including all reimbursable items and sub-consultant fees, shall not exceed

and shall terminate on the ___ day of__ , 20___, unless the term of the Agreement is

otherwise terminated or extended, as provided for in Section 14. The time for completion of the contracted work shall only be extended by written approval of the City Manager.

. The City may elect to delete certain tasks of the Scope of Services at its sole

discretion.

________________________ Dollars and no/100 ($________ ) without additional

authorization from the City Manager. No billing rate changes shall be made during the term of this Agreement without the prior written approval of the City Manager. In the event of a

conflict between this Agreement and Consultant’s proposal regarding the amount of compensation, this Agreement shall prevail.

4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant’s bills shall include the name of the person who performed the work, a brief description of the services performed and/or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff.

4.2 City shall reimburse Consultant only for those costs or expenses

specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant:

• The actual costs of sub consultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement.
• Approved reproduction charges.
• Actual costs and/or other costs and/or payments, including mark-ups specifically authorized in advance by the City Manager in writing and incurred by Consultant in the performance of this Agreement.

4.3 Consultant shall not receive any compensation for Extra Work without the prior written authorization of the City Manager. As used herein, “Extra Work” means any work that is determined by City Manager to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B.

4.4 Notwithstanding any other provision of this Agreement, when payments

made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until City has accepted the final work under this Agreement.

4.5 Consultant is solely responsible for all of its recurring business costs,

including, but not limited to, the payment of all taxes, business permit fees,

professional licenses and overhead and shall not separately charge those costs to the City.

• Designated Staff Contact. will be responsible for monitoring performance of this agreement.
• Standard of Performance. All of the services shall be performed by Consultant or under Consultant’s supervision. Consultant represents that it possesses the professional and

technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with community professional standards. Consultant shall provide qualified and experienced personnel to perform all services as required in this Agreement.

• Relationship of the Parties – Independent Contractor. City is retaining consultant on an independent contractor basis and Consultant is not an agent or employee of City. Consultant agrees and understands that the work/services performed under this Agreement are performed as an Independent Consultant and not as an employee or agent of the City and that Consultant acquires none of the rights, privileges, powers or advantages of City employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant’s employees or agents to be the employees or agents of the City. Consultant expressly warrants not to represent, at any time or in any manner, that Consultant is an employee or agent of the City. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind the City to any obligation whatsoever. Anything in this Agreement that may appear to give the City the right to direct Consultant as to the details of the performance of to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services.
• Insurance. Consultant shall return an executed copy of this Agreement with proof of insurance and endorsements to insurance coverage satisfactory to the City that shows that on or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the Agreement insurance coverage naming the City, its officers, officials and employees as additional insured with respect to the Commercial general Liability and Automobile Liability coverage, as follows: a) statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant with limits not less than $1,000,000, b) Commercial General and Automobile Liability insurance in an amount not less than one million dollars per occurrence, and c) professional liability insurance for Consultant’s professional services performing work pursuant to this agreement in an amount not less than $1,000,000 covering negligent acts, errors and omissions. Consultant shall not allow any sub Consultant to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the sub Consultant.
• Indemnification and General Liability. To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.8), Consultant shall defend (with legal counsel reasonably acceptable to the City), indemnify and hold harmless City and its Council, officers, agents, departments, officials, representatives and employees (collectively “Indemnitees”) from and against any and all claims, suits, actions, losses, costs, damages, injuries (including, without limitation, economic harm, injury to or death of an employee of Consultant or its Subconsultants), expenses and liabilities of every kind, nature and description, at law or equity (including, without limitation, incidental and consequential damages), and reasonable attorneys’ fees and costs, litigation expenses, court costs, and fees of expert consultants or expert witnesses, and costs of investigation (collectively “Defense Costs”) that arise from, relate to or pertain to, directly or indirectly, in whole or in part, any negligent or reckless act or omission or any willful misconduct of Consultant, any Subconsultant, anyone directly or indirectly employed by them, or anyone that they control (collectively “Liabilities”). Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the Indemnitees except to the extent that

liability is caused by the Indemnitees’ sole negligence, active negligence, or willful misconduct, but shall apply to all other Liabilities.

To the fullest extent permitted by law, Consultant shall defend (with legal counsel reasonably acceptable to the District), indemnify and hold harmless the Indemnitees from all loss, cost, damage, expense, suit, liability or claims, in law or in equity, including Defense Costs, that may at any time arise for any infringement of the patent rights, copyright, trade secret, trade name, trademark, service mark or any other proprietary right of any person or persons in consequence of the use by District, or any of the other Indemnitees, of articles or Services to be supplied in the performance of this Agreement.

This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The insurance policy limits do not act as a limitation on Consultant’s duty to defend or duty to indemnify the City.

• Advice and Status Reporting. Consultant shall provide the City with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder.
• Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this agreement. If City asks Consultant to remove a person assigned to the work called for under this Agreement, Consultant agrees to do so immediately regardless of the reason, or the lack of a reason, for City's request.
• Assignment and Subcontracting. Consultant shall not assign this Agreement or any portion thereof to a third party without the prior written consent of City, and any attempted assignment without such prior written consent in violation of this Section shall be null and void. Unless otherwise specified in Exhibit “A”, Consultant shall not subcontract any portion of the performance contemplated and provided for herein without prior written approval of the City.
• Ownership of Documents. All work products produced by Consultant it its agents, employees, and sub Consultants pursuant to this Agreement is the property of the City. In the event this Agreement is terminated, all work products produced by Consultant or its agents, employees or sub-Consultants shall be delivered at once to the City.
• Termination and Suspension. City may direct Consultant to terminate, suspend, delay or interrupt Services, in whole or in part, for such periods of time as City may determine in its sole discretion. City will issue such directives in writing, and compensate Consultant for its costs expended prior to receipt of the directive plus reasonable profit thereon, as well as reasonable shutdown costs in the event City terminates this Agreement for City’s convenience.

City may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should Consultant commit a material breach of the Agreement, or part thereof, and not cure such breach within 15 calendar days of the date of City’s written notice to Consultant demanding such cure. In the event City terminates the Agreement for default, Consultant shall be liable to City for all loss, cost, expense, damage and liability resulting from such breach and termination.

Consultant shall continue its work throughout the course of any dispute, provided City complies with its obligations under this Agreement (including timely payment of undisputed amounts).

• Standard of Care and Payment of Permits/Licenses. Consultant represents and warrants it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession and to perform said work/services or forfeit any right to compensation under this Agreement. Consultant shall maintain a City of San Bruno business license during the term of this Agreement.
• Discrimination and Harassment Prohibited. Consultant will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment.
• Retention of Records. Consultant shall maintain all records related to this Agreement for no less than three years after the City makes final payment or after termination of this contract and all other pending matters are closed. All records shall be subject to the examination and/or audit by agents of the City, the State of California and/or Federal grantor agencies.
• Merger Clause. This Agreement, including any exhibits attached hereto and incorporated herein by reference, constitutes the sole Agreement of the parties hereto and correctly states the rights, duties, and obligations of each party as of this document's date. Any prior agreement, proposal, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications shall be in writing and signed by the City Manager. In the event of a conflict between the terms, conditions, or specifications set forth herein and those in the exhibits attached hereto, the terms, conditions, or specifications set forth herein shall prevail. This Agreement constitutes the entire Agreement between City and Consultant.
• Waiver, Severability, Choice of Law, Venue. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this agreement, which shall continue in full force and effect, provided that the remainder of this agreement can be reasonably interpreted to give effect to the intentions of the parties. The laws of the State of California shall govern this Agreement and all matters relating to it and venue for state court shall be in San Mateo County Superior Court, Redwood City, and for federal court in San Francisco.
• Compliance with Laws. In the performance of this Agreement, Consultant shall abide by and conform to any and all applicable laws of the United States and the State of California, the County of San Mateo, and the San Bruno Municipal Code. To the extent this Agreement calls for a “public work” as defined by state law, prevailing wages shall be paid pursuant to Cal. Labor Code, Section 1720, et seq.
• Conflict of Interest.

• In general. Consultant represents and warrants that, to the best of the Contractor’s knowledge and belief, there are no relevant facts or circumstances that could give rise to a “conflict of interest,” as that term is defined in the Political Reform Act, as codified at California Government Code, Section 81000, et seq., on the part of the Consultant, or that Consultant has already disclosed all such relevant information in writing.
• Subsequent Conflict of Interest. Consultant agrees that if an actual or potential conflict of interest in the part of the Consultant is discovered after award, the Consultant will make a full disclosure in writing to the City. This disclosure shall include a description of the actions, which the Consultant has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict and shall take all such steps within thirty (30) days.
• Interests of City officers and staff. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither Consultant no any member of the Consultant’s family shall serve on any City board or committee or hold any such position, which either by rule, practice or action nominates, recommends, or supervises Consultant’s operations or authorizes funding Consultant.

• Confidentiality. All communications and documents, including drafts, preliminary drawings, or plans, notes that result from the services under this Agreement, shall be kept confidential unless City authorizes in writing to release the information or document. Consultant understands the City is a public agency and is subject to laws that may compel it to disclose information about Consultant’s business.
• Consultant. Notices required by this Agreement, and invoices for payments due shall be mailed to:
• Use of Recycled Products. Consultant shall endeavor to prepare and submit all reports, written studies and other printed materials on recycled paper, and to use recycled products, where possible and economically feasible, for the work subject to this Agreement.

City of San Bruno

Attention __________

Department of______

567 El Camino Real San Bruno, CA 94066

Notices to Consultant shall be mailed to

Name

Company Name

Consultant’s Address

City, State, Zip

25. Solicitation. Consultant agrees not to solicit any business at any meeting, focus group or interview related to this Agreement, either orally or through any written materials.

26. Alternative Dispute Resolution. If any dispute arises between the parties that cannot be settled after engaging in good faith negotiations, City and Consultant agree to resolve the dispute in accordance with the following:

• Each party shall designate a senior management or executive level representative to negotiate any dispute;
• The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.
• If the issue remains unresolved after ten (10) days of good faith negotiations, the parties shall attempt to resolve the disagreement by negotiation between legal counsels. If the above process fails, the parties shall resolve any remaining disputes through mediation to expedite the resolution of the dispute.
• The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days and shall be concluded within 15 days from the commencement of the mediation.
• The parties shall equally bear the costs and fees of any third party in any alternative dispute resolution process.
• The alternative dispute resolution process is a material condition to this Agreement and must be exhausted as an administrative remedy prior to either Party initiating legal action. This alternative dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code, Section 900, et. seq.

27. Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. Attorneys’ fees and related costs incurred by the parties in conjunction with Section 27 shall be borne equally by the Parties.

THIS CONTRACT IS NOT VALID UNTIL SIGNED BY ALL PARTIES

Consultant's Signature Date City Manager Date

City of San Bruno

Consultant's Tax I.D./Social Security No.

Consultant’s San Bruno Business License No.

APPROVED AS TO FORM:

City Attorney Date

Contract Approved by City Council on ______________ .

Exhibit: A – Project Description & Scope of Services B – Schedule of Billing Rates

City of San Bruno

ATTACHMENT 5

ACKNOWLEDGEMENT FORM

FOR

CONSULTANT SERVICES STANDARD AGREEMENT

By signing below, the consultant firm acknowledges that it has examined the enclosed City of San Bruno’s Standard Agreement “AGREEMENT FOR CONSULTANT SERVICES”.

If the City accepts the proposal, the agreement, without any changes, shall be execute by the consultant firm within three (3) working days of being notified by the City.

Legal Name of the Consultant Firm:

Business address:

Name of Authorized Person:

Signature of Authorized Person:

Date:

Telephone Number:

Email Address:

=

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