PUBLIC WORKS DEPARTMENT

Notice Requesting Proposals for

South Broad Street Corridor Planning and Demonstration Project Specification No. 2001070

June 2026

The City of San Luis Obispo is requesting sealed proposals from qualified and interested consultants to provide professional services in transportation planning, engineering, and environmental compliance for the South Broad Street Corridor Project, pursuant to Specification No. 2001070 and the Safe Streets and Roads for All (SS4A) Grant Program. The purpose of this Request for Proposals (RFP) is to solicit proposals from consultants with demonstrated expertise and experience in community outreach, roadway safety planning and analysis, the preparation of PS&E documents, and the completion of environmental documentation necessary to achieve compliance with NEPA, as required under the grant agreement.

Description of Services:

In general, required services shall consist of various transportation planning and engineering services related to the City’s South Broad Street Corridor Project. The selected consultant will lead community outreach and complete a safety assessment to inform the development of a corridor plan with preliminary design concepts identifying both short-term and long-term safety improvements. The consultant will also prepare PS&E documents, as well as environmental documentation necessary to satisfy NEPA requirements, for a demonstration project that tests low-cost, short-term safety measures or “quick builds” identified in the corridor plan. See Scope of Work section for budgetary information.

Proposal Submittal Deadline:

All proposals must be received by the Public Works Department at 919 Palm Street, San Luis Obispo, CA 93401 by 2:00 P.M. on July 23, 2026.

Submittals received after said time will not be considered. To guard against premature opening, each proposal shall be submitted to the Public Works Department in a sealed envelope plainly marked with the RFP title, specification number, consultant name, and time and date of the proposal opening. Proposals shall be submitted using the forms provided in the specification package.

Obtaining a Specification Package Download from the City’s Web site www.slocity.org - Doing Business / Bids & Proposals page

A list of companies that have requested a copy of the RFP is maintained on the web page.

Questions Questions regarding this RFP or project detail information should be directed to Bryan Wheeler at bwheeler@slocity.org or (805) 781-7190.

Specification No. 2001070

TABLE OF CONTENTS

A. DESCRIPTION OF WORK

B. GENERAL TERMS AND CONDITIONS

PROPOSAL REQUIREMENTS

CONTRACT AWARD AND EXECUTION

C. PROPOSAL CONTENT AND SELECTION PROCESS

PROPOSAL CONTENT

PROPOSAL EVALUATION AND CONSULTANT SELECTION

D. FORM OF AGREEMENT

ACKNOWLEDGEMENT

INSURANCE CERTIFICATE

REFERENCES

STATEMENT OF PAST CONTRACT DISQUALIFICATIONS

E. INSURANCE REQUIREMENTS: Consultant Services

A. DESCRIPTION OF WORK

The City of San Luis Obispo is requesting proposals for planning and design services for the South Broad Street Corridor Project, a federally funded effort through the Safe Streets and Roads for All (SS4A) Grant Program, awarded in 2024 and executed September 2025. This project aims to develop a corridor plan for Broad Street, from High Street to the southern City Limits, that includes community outreach, a comprehensive safety assessment, and traffic signal warrant evaluations. Additionally, the project includes the preparation of PS&E, along with environmental documentation, to support the installation of a demonstration project utilizing quick-build materials along the focused segment between South Street and Orcutt Road.

Background:

The South Broad Street Corridor project scope includes planning, design and ultimately construction of transportation improvements along the Broad Street corridor, with a primary focus on reducing vehicle speeds, improving intersection crossings, and enhancing safety and accessibility for all road users, particularly people walking and bicycling. Previous planning-level strategies identified in the South Broad Street Area Plan, General Plan Circulation Element, Active Transportation Plan, and Draft Vision Zero Action Plan will provide the starting framework for developing more detailed infrastructure improvement recommendations; however, a more focused planning and preliminary design effort is necessary to guide the final design decisions for the project.

At the City’s 2023-34 Mid-Year Budget Review, the City Council directed Public Works staff to initiate planning efforts to guide transportation improvements along the South Broad Street corridor—the segment of Broad Street generally extending between South Street and Orcutt Road. Staff has subsequently secured funding through a federal Safe Streets and Roads for All (SS4A) grant, which expands the limits of corridor planning efforts to include Broad Street from High Street to the southern City Limits (just south of Farmhouse Lane), and fund a demonstration project along the focused segment between South Street and Orcutt Road. Staff have completed preliminary traffic operations analysis to guide the more comprehensive corridor planning study. Over the long term and depending on budgetary constraints, potential transportation improvements to be considered include pavement maintenance, restriping/narrowing of auto travel lanes, installation of traffic signals (where warranted), installation of a landscaped center median, sidewalk and curb ramp upgrades, addition of protected bike lanes, street trees, landscaping and additional streetlighting. The focus of this scope of work will be overall corridor planning and recommendations and implementation of a demonstration project utilizing quick-build materials.

Scope of Work:

The City is seeking a qualified consulting firm or team to lead community engagement activities, conduct data collection and analysis including a safety assessment and traffic signal warrant evaluation, and prepare PS&E and environmental documentation for a demonstration project.

The selected consultant will use traffic counts, collision history, public input, and professional expertise to develop a corridor plan for Broad Street, from High Street to the southern City Limits. The plan will include preliminary design concepts that identify both short- and long-term safety improvements, which may include, but are not limited to, bicycle facility enhancements, new or upgraded traffic signals, raised medians, and other treatments informed by MUTCD warrant analysis and a circulation system review.

The consultant will also be responsible for identifying elements from the corridor plan that could be effectively implemented as a demonstration project, using low cost quick-build materials, along the focused segment between South Street and Orcutt Road, and for delivering the PS&E and environmental documentation required to support its installation.

The following list is a summary of the anticipated scope of work under this initial work effort. This is not expected to be an all-inclusive list but an example of the necessary tasks and deliverables. Consultants are encouraged to recommend additional work scope for completion of the intent of the project in their proposals. Proposal base fee shall not exceed $210,000, equivalent to the “Architectural and Engineering Fee” eligible costs shown in the SS4A Grant Agreement. Consultants may propose “optional tasks” above the base fee, if those tasks support the overall project objectives.

Budget Constraints: The City has approximately $900,000 in available budget to complete this scope of work and the demonstration project, which includes the $400,000 in grant funding. The proposal must consider the construction cost of the demonstration project (Task 7), including construction contingencies and soft costs. Incorporate high-level costs of a demonstration project within the proposal, which at a minimum should include fog-sealing, re-striping, and flex posts.

Task 1: Project Initiation & Coordination

• Attend kick-off meeting and field investigation with City staff.

• Review background documents, including the South Broad Street Area Plan, General Plan Circulation

Element, Active Transportation Plan, Draft Vision Zero Action Plan, and other relevant materials provided by the City.

• Prepare project schedule in accordance with the Safe Streets and Roads for All (SS4A) Grant Program.

• Attend project coordination meetings and conduct ongoing project management/administration duties as needed.

• All FHWA Grant reporting shall be coordinated by the City, but additional services may be requested for grant administration on a time and materials basis. Federal Forms to be completed by the consultant, as required in the grant, shall be the responsibility of the selected consultant.

Task 2: Data Collection

The consultant shall collect segment counts and peak hour intersection counts at all necessary locations to support traffic signal warrant analysis and circulation analysis.

Additionally, the consultant will be responsible for collecting pre- and post-implementation data to evaluate the demonstration project and fulfill grant reporting requirements. This includes:

• Collecting vehicle speeds and traffic counts at all pre-project locations, including pedestrian and bicycle counts

• Conducting community surveys to qualitatively assess user comfort and perceived safety. See task 6 for additional community outreach required in this task.

Data Collection Locations The following lists provide a preliminary scope for data collection and are not all-inclusive. Final data collection locations will be finalized during the project kick-off meeting with the City and the selected consultant. Therefore, the below lists shall provide an order of magnitude estimate for proposal preparation.

48-Hour Roadway Segment Counts:

Broad: High to South Broad: South to Lawrence Broad: Lawrence to Orcutt Broad: Orcutt to Capitolio Broad: Capitolio to Industrial Broad: Industrial to Tank Farm Broad: Tank Farm to Fuller Broad: Fuller to Aero Broad: Aero to City Limits All relevant Victoria, Woodbridge, Lawrence, Meadow, Rockview and Sacramento segments, as agreed in project kickoff.

All segment count locations shall include pedestrian and bicycle counts, truck/heavy vehicle percentage, and 85th percentile speed data.

Weekday Peak Hour (AM, MD, & PM) Intersection Counts:

Broad/High Broad/South/Santa Barbara Broad/Woodbridge Broad/Orcutt Broad/Rockview Broad/Capitolio Broad/Industrial Broad/Tank Farm Broad/Aerovista Broad/Aero Broad/Airport Broad/Farmhouse All relevant Broad Street intersections between High and City Limits (Sandercock/Chorro, Branch, Funston, Alphonso, Caudill, Francis, Mitchell, Humbert, Lawrence, Stoneridge, Perkins, Mutsuhito, Sweeney, El Capitan, Fiero, Fuller) and all other relevant Victoria, Woodbridge, Lawrence, Meadow, Rockview and Sacramento intersections, as agreed in project kickoff.

All intersection counts shall include pedestrian and bicycle counts. The City has collected data on Broad between South and Orcutt as part of a separate planning effort. This data will be available to the selected consultant.

Task 3: Traffic Signal Warrant & Circulation Analysis Conduct a traffic signal warrant analysis, at a maximum of 3x locations discussed in project kickoff, and prepare a memorandum outlining potential impacts on adjacent circulation network. The City has performed signal warrant analysis at several intersections along the corridor, and that data will be available to the selected consultant.

Task 4: Corridor Safety Assessment Conduct a comprehensive corridor safety assessment, including:

• A detailed analysis of the collision history, using collision data provided by the City.

• Solicit and oversee an independent corridor safety audit to further justify improvement types and locations.

Proposals shall include methodology proposed to conduct this safety assessment. The assessment is a grant requirement.

Task 5: Corridor Plan Development Upon completion of Tasks 2-4, the consultant shall use traffic counts, collision history, public input, and professional expertise to develop a Broad Street Corridor Plan, from High Street to the southern City Limits. The plan will include preliminary design concepts (approximately 5–10% design level) that identify both short- and long-term safety improvements, which may include, but are not limited to, bicycle facility enhancements, new or upgraded traffic signals, raised medians, and other treatments informed by MUTCD warrant analysis and a circulation system review.

Task 6: Community Outreach and Engagement The consultant will lead community outreach efforts to inform the development of the corridor plan and gather input on the draft plan. City staff will support these efforts by maintaining the project website and managing online surveys.

The consultant will be responsible for presenting at public meetings and assisting in the preparation of outreach materials.

Initial outreach will focus on identifying community concerns and priorities to help shape the corridor plan. After the draft plan is developed, the consultant will conduct additional outreach to present the draft and collect further community feedback. This outreach will be in the form of a community survey, and the proposal shall include the methodology proposed to solicit community input. There will be the requirement for two surveys, one (x1) during project development, and one (x1) post demonstration project installation.

The consultant will lead a minimum of two public meetings, with City staff providing support. In addition, the consultant will attend at least one Active Transportation Committee meeting and one City Council meeting to present the draft plan for review and approval.

Task 7: Demonstration Project PS&E (Including Environmental Clearance) The consultant will prepare PS&E for a demonstration project along the focused segment between South Street and Orcutt Road. This project will implement low-cost, short-term safety improvements identified through the planning process and community input, and will be constructed within the timeline specified by the SS4A grant. The consultant will complete all necessary environmental studies and documentation to ensure compliance with NEPA and CEQA requirements, as required by the SS4A grant. In addition, the consultant may also be responsible for providing construction support during the bidding process and throughout construction, if within budget.

As identified in the grant, the demonstration project will use “quick-build” materials, such as striping and flex posts (and other measures, if applicable) to test road safety strategies. Deliverables include 50%, 90%, 100%, and Final Plans, Specifications, and Estimates. Design of the demonstration project may begin concurrently with Corridor Plan Development (Task 5). Ideally, 90% design plans would be available for Council’s review with the draft Corridor Plan in conjunction with Task 6, to provide review and approval of project bid advertisement. In general, the City is interested in advancing the demonstration project construction as soon as feasible, provided grant conditions are met.

Task 8: After-Project Data Collection Following implementation of the demonstration project, the consultant shall conduct a second round of data collection that mirrors the initial (pre-project) efforts. Post-project data scope will be finalized in coordination with the City during the project kickoff meeting. This post-project data will be essential for evaluating project outcomes, meeting grant reporting requirements, and guiding the development of future permanent improvements along the corridor. See task 6 for additional community outreach required in this task.

Task 9: Documentation of Findings and Recommendations Consultant shall summarize the findings from the corridor planning activities for Broad Street (from High Street to the southern City Limits) and demonstration project activities for the focused segment (between South Street and Orcutt Road) in a clear, report-style format. This documentation will be used by the City to inform future design decisions and will be incorporated into the Vision Zero Action Plan, in accordance with the SS4A grant requirements.

Agreement Management:

The selected consultant will be expected to assign a single point person who understands the overall project and can manage work efforts associated with it.

Initial Project Timeline (per Grant)

Contract Approval to November 30, 2026 (Tasks 1, 2, 3 and 4) December 1, 2026 – May 31, 2027 (Task 5 and 6) June 1, 2027 – June 1, 2030 (Task 7, 8 and 9)

B. GENERAL TERMS AND CONDITIONS

PROPOSAL REQUIREMENTS

1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (Consultant) shall meet all of the terms, and conditions of the Request for Proposals (RFP) specifications package. By virtue of its proposal submittal, the Consultant acknowledges agreement with and acceptance of all provisions of the RFP specifications.

2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and accompanied by any other required submittals or supplemental materials. Unless noted otherwise, provide a minimum of 3 copies. Proposal documents shall be enclosed in an envelope that shall be sealed and addressed to the Public Works Department, City of San Luis Obispo, 919 Palm Street, San Luis Obispo, CA, 93401. Each proposal submittal shall include one electronic copy of the proposal, submitted in Adobe Acrobat format on CD or flash drive. In order to guard against premature opening, the proposal should be clearly labeled with the proposal title, specification number, name of Consultant, and date and time of proposal opening. No FAX submittals will be accepted.

3. Insurance Certificate. Each proposal must include a certificate of insurance showing:

a. The insurance carrier and its A.M. Best rating.

b. Scope of coverage and limits.

c. Deductibles and self-insured retention.

The purpose of this submittal is to generally assess the adequacy of the Consultant’s insurance coverage during proposal evaluation; as discussed under paragraph 13 below, endorsements are not required until contract award. The City’s insurance requirements are detailed in Section F.

4. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form provided in the RFP package.

5. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past government disqualifications on the form provided in the RFP package.

6. Proposal Withdrawal and Opening. A Consultant may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the City Engineer for its withdrawal, in which event the proposal will be returned to the Consultant unopened. No proposal received after the time specified or at any place other than that stated in the "Notice Requesting Proposals" will be considered. All proposals will be opened and declared publicly. Consultants or their representatives are invited to be present at the opening of the proposals.

7. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested in more than one proposal, except an alternative proposal when specifically requested;

however, an individual or business entity that has submitted a sub-proposal to a Consultant submitting a proposal, or who has quoted prices on materials to such Consultant, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other Consultants submitting proposals.

8. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged, but will be permitted. However, any such oral communication shall not be binding on the City.

9. Alternative Proposals. When specifically requested, the proposer may submit an alternative proposal (or proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the proposer must provide an analysis of the advantages and disadvantages of each of the alternatives, and discuss under what circumstances the City would prefer one alternative to the other(s). If an alternative proposal is submitted, the maximum length of the proposal may be expanded proportionately by the number of alternatives submitted.

CONTRACT AWARD AND EXECUTION

10. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the "Special Terms and Conditions" in Section C of these specifications for proposal evaluation and contract award criteria.

11. Competency and Responsibility of Consultant. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of Consultants. Consultants will provide, in a timely manner, all information that the City deems necessary to make such a decision.

12. Contract Requirement. The Consultant to whom award is made (Consultant) shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications.

13. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages and amounts specified in Section F of these specifications within 10 (ten) calendar days after notice of contract award as a precondition to contract execution.

14. Business License & Tax. The Consultant must have a valid City of San Luis Obispo business license and tax certificate before execution of the contract. Additional information regarding the City's business license and tax program may be obtained by calling (805) 781-7134.

15. Failure to Accept Contract. The following will occur if the Consultant to whom the award is made (Consultant) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in accordance with the special terms and conditions if a Consultant's bond or security is required; and an award may be made to the next highest ranked Consultant with whom a responsible compensation is negotiated, who shall fulfill every stipulation as if it were the party to whom the first award was made.

C. PROPOSAL CONTENT AND SELECTION PROCESS

PROPOSAL CONTENT

1. Submittal Forms

a. Acknowledgement

b. Insurance Certificate

c. References

d. Statement of Past Disqualifications

2. Qualifications

a. Experience of your firm in performing similar services

b. Experience of the staff to be assigned to the project in performing similar services

c. Redundancy in the company of staff experienced in this type of work

d. Resumes of the individuals who would be assigned to this project, including any known sub-consultants

e. Statement and explanation of any instances where your firm has been removed from a project or disqualified from proposing on a project

f. Standard hourly billing rates for consultant and sub-consultant staff

g. Detailed list of standard services available directly from the company

3. Work Program

a. Description of your approach to completing the work

b. Services or data anticipated to be provided by the City

c. Any other information that would assist us in making this contract award decision

4. Proposal Length and Copies

a. Proposals should be the minimum length to provide the required information. Charts and other short form approaches to conveying information are encouraged.

b. 3 copies of the proposal must be submitted.

c. 1 PDF format electronic copy must be submitted.

PROPOSAL EVALUATION AND CONSULTANT SELECTION

Proposals will be evaluated by a review committee and contract award process as follows:

1. Written Proposal Review/Finalist Candidate Selection

Proposals will be reviewed by a selection committee and ranked in accordance with the responsiveness, qualifications and understanding of the Consultant relative to these specification requirements. A group of finalist (short list) may be selected for follow-up requests for information or interviews before a final ranking is determined.

Contract award will be based on a combination of factors that represent the best overall value for completing the work scope as determined by the City. The proposals will be ranked based upon:

- Responsiveness and understanding of the project, 40%

- Previous project experience, 20%

- Proposed timeframe and schedule, 20%

- Proposed project cost, 20%

2. Proposal Review and Award Schedule

The following is an outline of the anticipated schedule for proposal review and contract award:

Issue RFP .................................................................... 6/22/26 Receive proposals ................................................... 7/23/2026 Complete proposal evaluation ................................... 8/3/2026 Award contract ......................................................... 8/10/2026 Execute contract .......................................................... 8/14/26

D. FORM OF AGREEMENT

AGREEMENT

THIS AGREEMENT is made and entered into in the City of San Luis Obispo on _____________ by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and [CONSULTANT’S NAME IN CAPITAL LETTERS], hereinafter referred to as Consultant.

W I T N E S S E T H

WHEREAS, on [DATE], requested proposals for South Broad Street Corridor Planning and Demonstration Project per Specification No. 2001070.

WHEREAS, pursuant to said request, Consultant submitted a proposal that was accepted by City for said services.

NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:

DELETE UNNECESSARY SECTIONS

1. Contract Term. The term of this agreement shall be from the date this Agreement is made and entered, as first written above, until the completion of services identified in this agreement.

2. Work Delays. Should the Consultant be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Consultant. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same.

3. Termination for Cause. If, during the term of the contract, the City determines that the Consultant is not faithfully abiding by any term or condition contained herein, the City may notify the Consultant in writing of such defect or failure to perform. This notice must give the Consultant a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency.

If the Consultant has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Consultant to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Consultant's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof.

In said event, the Consultant shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Consultant as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Consultant shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall workscope.

The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Consultant be entitled to receive in excess of the compensation quoted in its proposal.

4. Termination for Convenience. The City also reserves the right to terminate the contract for convenience, providing a 30 (thirty) calendar day notice, at any time upon a determination by the Director that termination of the contract is in the best interest of the City. Upon termination notice from the City, Consultant must, unless otherwise directed, cease work and follow the City’s directions as to work in progress and finished goods. For termination of any services pursuant to this Agreement, the City’s liability will be the lesser of a reasonable price for the services rendered prior to termination.

5. Ability to Perform. The Consultant warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all applicable federal, state, county, city, and special district laws, ordinances, and regulations.

6. Sub-contract Provisions. No portion of the work pertinent to this contract shall be subcontracted without written authorization by the City, except that which is expressly identified in the Consultant’s proposal. Any substitution of sub-consultants must be approved in writing by the City. For any sub-contract for services in excess of $25,000, the subcontract shall contain all provisions of this agreement.

7. Contract Assignment. The Consultant shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City.

8. Inspection. The Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of the Consultant are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its contract requirements.

9. Record Retention and Audit. For the purpose of determining compliance with various laws and regulations as well as performance of the contract, the Consultant and sub-consultants shall maintain all books, documents, papers, accounting records and other evidence pertaining to the performance of the contract, including but not limited to the cost of administering the contract. Materials shall be made available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. Authorized representatives of the City shall have the option of inspecting and/or auditing all records. For Federally funded projects, access to records shall also include authorized representatives of the State and Federal government. Copies shall be furnished if requested.

10. Conflict of Interest. The Consultant shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this contract, or any ensuing City construction project. The Consultant shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing City construction project which will follow. The Consultant staff shall provide a Conflict of Interest Statement where determined necessary by the City.

The Consultant covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Consultant further covenants that, in the performance of this work, no sub-consultant or person having such an interest shall be employed. The Consultant certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Consultant shall at all times be deemed an independent Consultant and not an agent or employee of the City.

11. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that this contract was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of the warranty, the City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

12. Covenant Against Contingent Fees. The Consultant warrants by execution of this contract that no person or selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Consultant for the purpose of securing business. For breach or violation of this warranty, the City has the right to annul this contract without liability; pay only for the value of the work actually performed, or in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

13. Compliance with Laws and Wage Rates. The Consultant shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code. For purposed of this paragraph, “construction” includes work performed during the design and preconstruction phases of construction, including but not limited to, inspection and land surveying work.

14. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Consultant is required to pay within the scope of Consultant’s performance of the contracted services.

15. Permits, Licenses and Filing Fees. The Consultant shall procure all permits and licenses, pay all charges and fees, and file all notices as they pertain to the completion of the Consultant’s work. The City will pay all application fees for permits required for the completion of the project including building and regulatory permit application fees. Consultant will provide a 10 day notice for the City to issue a check.

16. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety.

17. Public and Employee Safety. Whenever the Consultant's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees.

18. Preservation of City Property. The Consultant shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Consultant's operations, it shall be replaced or restored at the Consultant's expense. The facilities shall be replaced or restored to a condition as good as when the Consultant began work.

19. Immigration Act of 1986. The Consultant warrants on behalf of itself and all sub-consultants engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.

20. Consultant Non-Discrimination. In the award of subcontracts or in performance of this work, the Consultant agrees that it will not engage in, nor permit such sub-consultants as it may employ, to engage in discrimination in employment of persons on any basis prohibited by State or Federal law.

21. Accuracy of Specifications. The specifications for this project are believed by the City to be accurate and to contain no affirmative misrepresentation or any concealment of fact. Consultants are cautioned to undertake an independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its interpretation of test results contained in the specifications package. In preparing its proposal, the Consultant and all sub-consultants named in its proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in the specifications that could easily have been ascertained by examining either the project site or accurate test data in the City's possession. Although the effect of ambiguities or defects in the specifications will be as determined by law, any patent ambiguity or defect shall give rise to a duty of Consultant to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the Consultant. An ambiguity or defect shall be considered patent if it is of such a nature that the Consultant, assuming reasonable skill, ability and diligence on its part, knew or should have known of the existence of the ambiguity or defect. Furthermore, failure of the Consultant or sub-consultants to notify City in writing of specification defects or ambiguities prior to proposal submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the proposal.

To the extent that these specifications constitute performance specifications, the City shall not be liable for costs incurred by the successful Consultant to achieve the project’s objective or standard beyond the amounts provided therefor in the proposal.

In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity or defect in the specifications, or any other matter whatsoever, Consultant shall immediately notify the City in writing, and the Consultant and all sub-consultants shall continue to perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described written notice within one (1) working day of Consultant's becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the dispute.

22. Hold Harmless and Indemnification.

(a) Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.

(b) Non-design, construction Professional Services: To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims.

(c) Design Professional Services: In the event Consultant is a “design professional”, and the Scope of Services require Consultant to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) Consultant shall indemnify, defend and hold harmless the City and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Consultant, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed by Consultant shall be conclusively deemed to be the negligence, recklessness or willful misconduct of Consultant unless adequately corrected by Consultant. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to Consultant under this paragraph exceed Consultant’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs.

(d) The review, acceptance or approval of the Consultant’s work or work product by any indemnified party shall not affect, relieve or reduce the Consultant’s indemnification or defense obligations. This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance. Contractor’s indemnification obligations under this section extend to any claims arising out of or related to the negligence, recklessness, or willful misconduct of any sub-consultants/ subcontractors.

23. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from other consultants during the contract term.

24. Standards. Documents shall conform to City Standards and City furnished templates shall be used.

25. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and signed by the Consultant where required.

26. Required Deliverable Products and Revisions. The Consultant will be required to provide documents addressing all elements of the workscope. Plans shall be prepared using City’s standardized title blocks and coversheets. Draft plans may be submitted for review using either the full 24x36, 22x34, or a reduced 11x17 format. Consultant shall ensure that drawings and notes are clearly legible if using the reduced format. Specifications and bid documents shall conform to standard City formats unless authorized. The City’s current Standard Specifications and Engineering Standards must be incorporated where applicable.

City staff will review any documents or materials provided by the Consultant and, where necessary, the Consultant will respond to staff comments and make such changes as deemed appropriate. Submittals shall include the previous marked up submittal (returned to the Consultant) to assist in the second review. Changes shall be made as requested or a notation made as to why the change is not appropriate.

2 copies of the draft preliminary reports, technical studies and 50% plans and estimate 1 copy of the final preliminary reports, technical studies plus markups 3 copies of the 90% plans, specifications and estimate plus 50% markups 1 copy of the 100% plans, specifications and estimate plus 90% markups 1 copy of the final plans, specifications and estimates plus 100% markups 1 copy of the final record drawings after construction

Draft reports and plan submittals shall be submitted as paper copies.

Final documents shall be submitted as camera-ready original, unbound, each page printed on only one side, including any original graphics in place and scaled to size, ready for reproduction AND one electronic copy submitted in Adobe Acrobat format including all original stamps and signatures.

In the event the City will be compiling the final specifications, incorporating the Consultant’s work, the final specifications will also be required to be submitted in Microsoft Word format.

In the event the City will be completing the Record Drawings, the final plans will also be required to be submitted in AutoCAD.

27. Ownership of Materials. Upon completion of all work under this contract, ownership and title to all reports, documents, plans (including PDFs and AutoCAD files), specifications, and estimates produced as part of this contract will automatically be vested in the city and no further agreement will be necessary to transfer ownership to the City. The Consultant shall furnish the City all necessary copies of data needed to complete the review and approval process.

It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine readable form, are intended for one-time use in the construction of the project for which this contract has been entered into.

The Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by the City of the machine-readable information and data provided by the Consultant under this agreement. Further, the Consultant is not liable for claims, liabilities, or losses arising out of, or connected with any use by City of the project documentation on other projects, except such use as may be authorized in writing by the Consultant.

28. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Consultant as part of the work or services under these specifications shall be the property of City and shall not be made available to any individual or organization by the Consultant without the prior written approval of the City.

The Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this contract without prior review of the contents thereof by the City and receipt of the City’s written permission.

29. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Consultant is required to furnish in limited quantities as part of the…