request for proposals (rfp) and sealed rate schedules (srs …

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REQUEST FOR PROPOSALS (RFP) AND SEALED RATE SCHEDULES (SRS)

FOR THE

CITY OF REDWOOD CITY

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE U.S. HIGHWAY 101 PEDESTRIAN UNDERCROSSING PROJECT

August 20, 2018

Proposals are due: 3:00 p.m. on Friday, September 21, 2018

City of Redwood City – City Hall Attention: Kevin Fehr

Community Development Department 1017 Middlefield Road

Redwood City, CA 94063

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TABLE OF CONTENTS Page SECTION I OVERVIEW OF PROCESS A. Background 3 B. Purpose of this RFP 4 C. Scope of Services 5 D. Consultant Selection Schedule 6 E. Questions and Inquiries 7 F. Delivery of Responses 7 G. Selection Process 8 SECTION II SUBMITTAL REQUIREMENTS A. Mandatory Proposal Submittal Materials 9 B. Sealed Rate Schedules 10

SECTION III EVALUATION OF RESPONSES A. Summary of Evaluation Process 10 LIST OF EXHIBITS Exhibit “A” – Draft Scope of Services 12 Exhibit “B” – Project PS&E and PEER (download links) 14 Exhibit “C” – SIQMP (download link) 15 Exhibit “D” – Army Corps Permit (download links) 16 Exhibit “E” – RWQCB Permit (download link) 17 Exhibit “F” – CAFW Permit (download link) 18 Exhibit “G” – IS/MND (download links) 19 Exhibit “H” – 2016 RFSOQ 20

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REQUEST FOR PROPOSALS (RFP) AND SEALED RATE SCHEDULES (SRS)

FOR THE CITY OF REDWOOD CITY


SECTION I – OVERVIEW OF PROCESS A. BACKGROUND

The City of Redwood City regularly implements capital improvement projects including bicycle and pedestrian improvements. In 2012 the City began design of the U.S. Highway 101 Pedestrian Undercrossing Project. The project would connect the existing bike path along Bair Island Road and the bike lanes on Main Street via a new undercrossing beneath the freeway and adjacent to Redwood Creek. The 14-foot wide path would maintain nine to ten feet of headroom and would involve landscaping improvements, site lighting, two retaining walls underneath the freeway overpass, and a scenic overlook. Due to the location of the project being adjacent to Redwood Creek and underneath U.S. Highway 101 certain environmental, utility, permitting, and construction window limitations apply to the project. The project’s Initial Study / Mitigated Negative Declaration was approved by City Council on April 25, 2016. Relatedly, the project currently has fully received three outside agency approvals: from the Army Corps of Engineers, the Regional Water Quality Control Board, and the California Department of Fish and Wildlife. Those permits contain various environmental reporting and monitoring requirements as well as a work window restriction. Utility relocation is currently underway by PG&E and AT&T to relocate electrical and communication facilities located underneath the freeway overpass. The contractor will have to work closely with PG&E who will be installing their own facilities within the project limits. At this time, the project is obtaining approvals from Caltrans via the PEER process, meaning that the City will be the administering agency but the approvals go through a process similar to full Caltrans oversight. Once approved, the project will receive an encroachment permit from Caltrans to construct the project. Although some additional requirements may still come out of the permitting process with Caltrans, the City is aware that a Resident Engineer, Structural Representative,

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Structural Materials Representative and Steel Inspector must be identified as part of the project’s Source Inspection Quality Management Plan (SIQMP). With a current construction cost estimate of approximately $3,000,000 and construction duration of approximately 7 months, the City desires to obtain construction management services to oversee construction of the project and directly oversee daily construction activities of the project contractor. Coordination will be required with City staff, Caltrans, the City’s design consultant (WRECO), and structural design consultant (Mark Thomas and Company).

B. PURPOSE OF THIS RFP

The purpose of this document is to facilitate the selection of a qualified team to provide construction management and inspection services. For those firms already on the City’s Consultant List from 2016:

In 2016 your firm responded to the City’s RFSOQ one or more of these categories: construction management services; special testing and inspection services; civil engineering or surveying services; or structural engineering services. This allows the City to solicit services from pre-qualified consultants. Note: only the firm submitting a proposal must be pre-qualified under the RFSOQ process. Subconsultants are not required to be pre-qualified; however, firms are invited to provide additional information in their proposal regarding a subconsultant firm’s experience.

Because your firm has been prequalified already, the information required as part of this RFP is intended to be responsive to the project at hand. However, due to the complex nature of the project, pre-qualified firms are invited to provide additional information in their proposal regarding the firm’s experience.

Pre-qualified firms on the City’s Consultant List were notified in 2016. If you are not sure whether your firm is on the City’s Consultant List from 2016, contact Kevin Fehr, Senior Civil Engineer at [email protected] to confirm.

Place responses in an envelope clearly marked Response to RFP for “CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE U.S. HIGHWAY 101 PEDESTRIAN UNDERCROSSING PROJECT” and “SEALED RATE SCHEDULES”.

The City of Redwood City 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.

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For those firms NOT already on the City’s Consultant List from 2016:

The RFSOQ allows the City to select and add additional firms qualified for construction management services; special testing and inspection services; civil engineering or surveying services; or structural engineering services. Additional firms may be added to the City’s Consultant List which was established in 2016. If your firm wishes to be considered for the list and has NOT previously submitted or pre-qualified as part of the original process from 2016, you may submit them now for evaluation. Please refer to the 2016 RFSOQ for qualifications submittal, instruction and format, attached as Exhibit “H”. Note: only the firm submitting a proposal must be pre-qualified under the RFSOQ process. Subconsultants are not required to be pre-qualified; however, firms are invited to provide additional information in their proposal regarding a subconsultant firm’s experience.

Your firm must be determined to be qualified under the RFSOQ process in order to contract with the City for this project. Pre-qualified firms on the City’s Consultant List were notified in 2016. If you are not sure whether your firm is on the City’s Consultant List from 2016, contact Kevin Fehr, Senior Civil Engineer at [email protected] to confirm.

It is recommended that proposers also submitting an SOQ provide two sets of documents for consideration: one responding to the RFSOQ and one responding to the RFP/SRS. Place both documents in an envelope clearly marked SOQ and Response to RFP for “CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE U.S. HIGHWAY 101 PEDESTRIAN UNDERCROSSING PROJECT” and “SEALED RATE SCHEDULES”.

The City of Redwood City 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.

C. SCOPE OF SERVICES

The City has set forth an RFP Exhibit “A,” attached hereto and incorporated herein by reference, an outline of services which the City anticipates the successful proposer to perform. The outline of services set forth on RFP Exhibit “A” is presented for the primary purpose of allowing the City to evaluate proposals. The precise scope of services to be incorporated into the Service Agreement will be based upon RFP Exhibit “A” as well as (Optional) Exhibit “1” to be prepared by Proposer as a part of the proposal (described below), and may be the subject of negotiations between the City and the successful proposer for specific scopes of work.

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(a) Based upon the City’s outline of services set forth on RFP Exhibit “A”, the Proposer shall prepare a complete description of the scope of services which the Proposer intends to perform in order to achieve the Project Objectives. The Proposer may identify services in (Optional) Exhibit “1” to their proposal which differ from the outline of services in RFP Exhibit “A” if the Proposer believes the changes will assist the City in more efficiently and effectively achieving the City’s stated Project Objectives.

(b) The Proposer’s scope of services shall include, at a minimum, a description of the major components of services (or phases of service), a description of work product (or “deliverables”) to be provided by Proposer to the City, and the expected time of completion for each component. City intends to provide the selected firm a notice to proceed in January 2019.

(c) Billing Rates. The Proposer shall prepare a schedule of billing rates (to be labeled: Rate/Fee Schedule and which identifies:

A proposed hourly rate for all services to be performed by the Proposer, and a description of any reimbursable charges, except mileage (non-reimbursable). Proposer shall include a comprehensive breakdown of project cost estimate showing person-hours and cost per phase. Billing rates shall be submitted in a separate sealed envelope and marked Sealed Rate Schedules for “CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE U.S. HIGHWAY 101 PEDESTRIAN UNDERCROSSING PROJECT”.

D. CONSULTANT SELECTION SCHEDULE

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

Action Date Issuance of RFP/SRS Monday, August 20, 2018 Deadline for submitting questions Wednesday, September 12, 2018

Distribution of responses to questions Friday, September 14, 2018 RFP/SRS submittal due by 3:00pm Friday, Sept. 21, 2018 Interviews Week of October 15-19, 2018 Notify selected firm October 19, 2018 Award Consultant Contract December, 2018 Notice to Proceed January, 2019

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E. QUESTIONS AND INQUIRIES

Questions regarding the information contained in the RFP/SRS document must be submitted in writing, by e-mail, to the following location:

Kevin Fehr, Senior Civil Engineer [email protected] City of Redwood City Community Development Department 1017 Middlefield Road Redwood City, CA 94063

Kevin Fehr is the only individual authorized to receive or respond to questions or comments. All questions must be received by 5:00 PM on Wednesday, September 12, 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.

F. DELIVERY OF RESPONSES

All responses to this RFP/SRS must be received by Kevin Fehr, Senior Civil Engineer, and arrive to the City of Redwood City – City Hall, Community Development Department, 1017 Middlefield Road, Redwood City, CA 94063, by 3:00 p.m. on Friday, September 21, 2018. Proposals received after the stated deadline will not be accepted. Advance submittals are permitted. Hand or courier deliveries shall be delivered to the same addressee at the City of Redwood City – City Hall, 1017 Middlefield Road, Redwood City, CA. City Hall business hours are 8:00 AM - 5:00 PM Monday – Friday, except observed legal holidays. 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. Five (5) copies of the proposal materials shall be submitted in accordance with all requirements set forth in this RFP/SRS document. Also include one (1) separate sealed fee envelope for the scope of services. (6 TOTAL ITEMS to be delivered to the City).

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Clearly mark the submittals as follows: ● RFP for “CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES

FOR THE U.S. HIGHWAY 101 PEDESTRIAN UNDERCROSSING PROJECT” ● Sealed Rate Schedules for “CONSTRUCTION MANAGEMENT AND

INSPECTION SERVICES FOR THE U.S. HIGHWAY 101 PEDESTRIAN UNDERCROSSING PROJECT”

Submission of a proposal indicates acceptance by the firm of the conditions contained in this Request for Proposals and Sealed Rate Schedules unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Redwood City and the firm selected. For those firms NOT already on the City’s Consultant List from 2016:

Responses to the RFSOQ (see Section I-B above) shall be submitted in accordance with the requirements of the RFSOQ; except that all questions and answer deadlines, City contact person (Kevin Fehr), and submittal deadlines, shall be in accordance with this RFP/SRS.

G. SELECTION PROCESS

Redwood City Engineering & Transportation staff will evaluate the proposals submitted and rank each firm’s proposal. Based on this evaluation, the City may choose to invite up to three (3) firms to participate in an oral presentation and interview session, or to select the firm based on the results from the evaluation of the proposal. In the event the City chooses to conduct interviews as part of the selection process, the selected firm(s) will be asked to send three (3) to six (6) of the firm’s team members: the individual(s) proposed to act as resident engineer, inspector, and representative(s) that will carry out SIQMP compliance. Such interview is expected to take 45 to 60 minutes, approximately 15 minutes of which will be designated for a short presentation by the firm. At the conclusion of the evaluation (or if a best-qualified firm is selected without the need for an oral presentation and interview session), 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 may 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.

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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. 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. All candidates on the pre-qualified list of firms were previously asked to certify that they would execute a contract with the City of Redwood City with no exceptions or additions. For those firms not on the City’s Consultant List submitting an SOQ, they must be determined to be qualified under the RFSOQ process in order to contract with the City for this project.

SECTION II - SUBMITTAL REQUIREMENTS A. MANDATORY PROPOSAL SUBMITTAL MATERIALS

Each RFP response shall be 8-1/2” x 11” vertical format for written materials and 11” x 17” horizontal format for drawings, consisting only of the specified materials requested below. Submit the number of copies of each document indicated in Section I-F of this RFP/SRS, in a spiral bound soft cover. To be responsive, each RFP submission must include only the following information in the format indicated. Submittals not organized according to the following format may be rejected.

1. Cover Letter. The cover letter shall be signed by an officer of the firm or joint

venture or by another person with authority to act on behalf of and bind the entity. Indicate contact person for the project. Limit one (1) page.

2. Executive Summary. Provide a summary of the submittal. Limit two (2)

pages.

3. Delivery Approach. A narrative should include a description of approach and articulates the scope of services to be provided. The City is specifically concerned with construction management tools to ensure on-time completion, cost controls, quality control and assurance, coordination and familiarity with Caltrans inspection and documentation requirements, material and other special inspections, coordination and monitoring of contractor activities and their compliance with environmental and permitting requirements, and general construction project management capabilities for complex projects. Limit five (5) pages.

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4. Key Members. Include a description of the key members of the consultant’s team and the organizational structure. Limit two (2) pages per individual (one preferred), plus two (2) pages for organizational structure.

5. Hour 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 RFP Exhibit “A”. This information is not meant as a Sealed Rate Schedule proposal, but only an indication of the level of effort envisioned for completion of work. Another copy of the same estimate, but with proposed hourly rates listed, is to be submitted with the Sealed Rate Schedules as noted below. Limit two (2) pages.

6. Schedule. This should be milestone schedule for each assignment and each

submittal request from authorization through all stages. Limit one (1) page.

7. (Optional) Exhibit “1”. If desired, though not required, additional scope or services may be proposed for City’s consideration. Limit three (3) pages.

B. SEALED RATE SCHEDULES Another copy of the same Hour Allocations noted above, but with proposed hourly rates listed, shall also be prepared and submitted in a sealed envelope together with the proposal. A rate schedule for the firm shall also be included. The Sealed Rate Schedules will be used for contract negotiations only.

SECTION III - EVALUATION OF RESPONSES A. SUMMARY OF EVALUATION PROCESS

Redwood City Engineering & Transportation Division staff will evaluate the proposals based upon the proposal’s effectiveness and efficiency in supporting each of the following items: ● Overall responsiveness to the Request for Proposals ● Value Engineering considerations ● Demonstrate success and experience in past, similar projects ● Demonstrate success in coordination with Caltrans requirements for

PEER and/or Oversight projects, implementation of an SIQMP, coordination of materials inspection, required record keeping, and other special inspections

● Project understanding, approach and proposed scope of services

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● Demonstrated knowledge of construction management practices, cost control measures, RFIs, and strategies for completing construction on-time and within budget

● Demonstrated familiarity with environmental requirements, mitigation, and compliance with permits from the Army Corps, RWQCB, CAFW, and Caltrans

● Ability to provide quality control and contract management

Each candidate submitting a response to this Request for Proposals and Sealed Rate Schedules acknowledges and agrees that the preparation of all materials for submittal to the City and all presentations, related costs and travel expenses are at the candidate’s sole expense and the City shall not, under any circumstances, be responsible for any cost or expense incurred by the candidate. In addition, each candidate acknowledges and agrees that all documentation and/or materials submitted with in response to this request shall remain the property of the City.

LIST OF EXHIBITS Exhibit “A” – Draft Scope of Services Exhibit “B” – Project PS&E and PEER (download links) Exhibit “C” – SIQMP (download link) Exhibit “D” – Army Corps Permit (download links) Exhibit “E” – RWQCB Permit (download link) Exhibit “F” – CAFW Permit (download link) Exhibit “G” – IS/MND (download links) Exhibit “H” – 2016 RFSOQ

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EXHIBIT “A”

DRAFT SCOPE OF SERVICES


___________ (“CONSULTANT”) shall provide construction management and inspection services to the City of Redwood City (“CITY”). CONSTRUCTION MANAGEMENT (TASK 1)

1.1 CONSULTANT shall provide general construction management for the Project. CONSULTANT shall act on behalf of the CITY to provide construction management and Resident Engineer services of Project by corresponding with the Project contractor and their subcontractors and suppliers, CITY’s design consultants, utility companies, permitting agencies including Caltrans, CITY, and members of the public as necessary to complete the Project. Construction management shall include, but not be limited to, correspondence, review and response to RFIs, coordination between all parties, review and preparation of Project contractor- and CITY-generated change orders, attendance at construction meetings, issuance of instruction bulletins, photography, adherence to the project SIQMP, budget management, reporting, and all other duties to manage construction of the Project.

INSPECTION (TASK 2)

2.1 CONSULTANT shall coordinate inspection to ensure that Project contractor’s work is completed in accordance with the plans, specifications, performance or coordination of special inspection, and permitting requirements in addition to all applicable Caltrans requirements for material source inspection, quality assurance, and quality control. Inspection shall include, but not be limited to, field observation, daily reporting, taking of samples, monitoring labor and equipment, maintaining redline as-builts, coordinating with CITY staff, scheduling service interruptions, correspondence with the Project contractor, coordination with construction management, photography, and all other duties to inspect construction of the Project.

2.2 CONSULTANT shall provide all necessary special inspection for the

project, including but not limited to inspection necessary for compliance with the SIQMP including the provision of a designated Structural Representative, Structural Materials Representative, and Steel Inspector; additionally CONSULTANT shall provide other necessary special inspection such as steel inspection, structural concrete inspection,

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electrical inspection, compaction testing, material sampling, material testing, quality control and quality assurance.

REGULATORY COMPLIANCE (TASK 3)

3.1 CONSULTANT shall review, implement and enforce all regulatory and environmental requirements applicable to the project including the project’s permits from the Army Corps of Engineers, California Fish and Wildlife, Regional Water Quality Control Board, Caltrans, and the project Initial Study / Mitigated Negative Declaration. Tasks shall include monitoring of regulatory approvals, consultation and coordination with permitting authorities as necessary during construction, scheduling of biological monitoring, and enforcement of City’s and Contractor’s responsibilities under applicable regulations. City will provide biological monitoring.

VALUE ENGINEERING RECOMMENDATIONS (TASK 4)

4.1 CONSULTANT shall review project plans, specifications, and estimates prior to City’s advertisement for construction bids and provide recommended value engineering or other adjustment to project PS&E to provide for construction cost savings, schedule efficiency, constructability, feasibility, and general quality control.

4.2 CONSULTANT shall generally conduct value engineering assessment

during construction to provide for construction cost savings, schedule efficiency, constructability, feasibility, and general quality control.

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EXHIBIT “B”

PROJECT PS&E AND PEER

Plans dated 2018-08-09 https://www.redwoodcity.org/Home/ShowDocument?id=16614 Draft Specifications dated 2018-08-16 Front End: https://www.redwoodcity.org/Home/ShowDocument?id=16620 Division 1: https://www.redwoodcity.org/Home/ShowDocument?id=16616 Division 2: https://www.redwoodcity.org/Home/ShowDocument?id=16618 Estimate dated 2018-08-16 https://www.redwoodcity.org/Home/ShowDocument?id=16612 Permit Engineering Evaluation Report dated 2018-02-16 https://www.redwoodcity.org/Home/ShowDocument?id=16650

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EXHIBIT “C”

SIQMP

Draft Source Inspection Quality Management Plan (SIQMP) dated 2018-03-07 https://www.redwoodcity.org/Home/ShowDocument?id=16638

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EXHIBIT “D”

ARMY CORPS PERMIT

Army Corps Nationwide Permit dated 2018-01-18 Permit: https://www.redwoodcity.org/Home/ShowDocument?id=16622 Enclosure 1: https://www.redwoodcity.org/Home/ShowDocument?id=16624 Enclosure 2: https://www.redwoodcity.org/Home/ShowDocument?id=16626 Enclosure 3: https://www.redwoodcity.org/Home/ShowDocument?id=16628 Enclosure 4: https://www.redwoodcity.org/Home/ShowDocument?id=16630 Enclosure 5: https://www.redwoodcity.org/Home/ShowDocument?id=16632

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EXHIBIT “E”

RWQCB PERMIT

RWQCB 401 Certification

Permit: https://www.redwoodcity.org/Home/ShowDocument?id=16636

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EXHIBIT “F”

CAFW PERMIT

CAFW Streambed Alteration Agreement Permit: https://www.redwoodcity.org/Home/ShowDocument?id=16634

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EXHIBIT “G”

IS/MND

Initial Study / Mitigated Negative Declaration Volume I: https://www.redwoodcity.org/Home/ShowDocument?id=14778 Volume II Part 1: https://www.redwoodcity.org/Home/ShowDocument?id=14782 Volume II Part 2: https://www.redwoodcity.org/Home/ShowDocument?id=14784 Volume II Part 3: https://www.redwoodcity.org/Home/ShowDocument?id=14786 MMRP: https://www.redwoodcity.org/Home/ShowDocument?id=14780

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EXHIBIT “H”

2016 RFSOQ

**NOTE: Firms already on the City’s

Consultant List from 2016 are already

pre-qualified and are NOT required to re-

submit an SOQ. See Section I-B of this

RFP/SRS, above, for more information.**

(RFSOQ begins on next page)

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Request for Statement of Qualifications (RFSOQ) for Professional Consulting Services: Various Disciplines

FOR THE


May 2, 2016

Qualifications by Discipline are due: 3:00 p.m. PST June 1, 2016

City of Redwood City Attention: Alex Chan – Assistant Engineer Community Development Department Engineering Division 1017 Middlefield Road Redwood City, CA 94063

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May 2, 2016 RFSOQ_Misc.Disciplines Page | 2

TABLE OF CONTENTS

SECTION I OVERVIEW OF PROCESS

A. Introduction B. Purpose of this RFQ C. Background, Discipline of Services, and Qualifications D. Selection Process and Criteria E. Qualifications Submittal, Instructions, and Format F. Delivery of Responses and Schedule

SECTION II LIST OF EXHIBITS

A. Standard City Agreement

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REQUEST FOR STATEMENT OF QUALIFICATIONS (RFSOQ) For Professional Consulting Services: Various Disciplines

For The


SECTION I – OVERVIEW OF PROCESS A. INTRODUCTION

The Department of Community Development Department of the City of Redwood City, on behalf of the Mayor and Council is seeking professional services from consulting firms (Consultant). The City desires to retain professional services for various professional disciplines (Disciplines), as described in this solicitation.

B. PURPOSE OF THIS RFSOQ

The City will use this selection process as follows: 1. Execute single project or “on call” professional services contract(s) for

selected Disciplines. 2. Establish Consultant lists for each Discipline depending on the City’s

needs, valid for three (3) years. The validity duration of the established list(s) may be extended by two (2) more years upon City approval.

3. Based on specific needs, City will use these established lists for further development of project specific contracts.

4. The contracts will be in the form of a Professional Services Agreement (PSA).

5. The PSA(s) may have an initial term of up to two (2) years and may be extended by an additional two (2) years with City approval.

6. Each PSA will include a negotiated rate schedule established at the time of its execution. The rates established at the time of contract execution will be valid for the initial term of two (2) years. Revised rates may be re-negotiated, if the contract term is extended beyond the initial two (2) year period. No travel time or mileage costs will be entertained

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in the negotiated fees. Firms are expected to absorb these costs as part of its overhead costs.

7. City, at any time, may abolish the list(s) established using this process prior to the expiration period and initiate a new Consultant selection process to establish new list(s).

8. City may issue separate future solicitations for similar services for project specific professional services outside this process.

9. City is not obligated to issue any contract(s) with this process. The City of Redwood City 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.

C. BACKGROUND, DISCIPLINE OF SERVICES, and QUALIFICATIONS

Background

The City’s Department of Community Development Department is responsible for delivering projects that include new construction, upgrading, repairing, expanding, and modifying various City owned and operated public facilities and infrastructure, including but not limited to: storm and sewer systems, creeks, water, recycled water, streets, traffic signals, street lights, parks, municipal buildings, and bridges. Consultants responding to this RFSOQ must focus their responses with specificity describing the expertise, direct involvement, and experience of the anticipated team to be allocated for completing the requested services including but not limited to: civil engineering, architectural engineering, transportation, structural, geotechnical, hydraulics, surveying, and right of way engineering.

Categories of Current Capital Improvement Projects (CIP) (as identified in the City’s Annual CIP): A: Civil Construction – Landscape, Site Work, Utilities, Paving and Grading B: Storm, Sewer, traffic signal and street light improvements, and Creeks C: Environmental assessments that comply with CEQA and/or NEPA, and state and federal permit procurement process D: Park & Facilities Improvement Projects E: LID oriented Watershed Improvement Plan Assessment and Formulation F: Hydraulic modeling, capacity and conditions assessment, and master planning G: Other City projects, as they arise

Consultants who wish to be considered for multiple disciplines must submit a separate response for each Discipline in accordance with the submittal procedures outlined in this solicitation.

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Discipline of Services:

The City anticipates professional services for the following thirteen (13) different disciplines:

1. Architectural Engineering Services 2. Civil Engineering, inclusive of Surveying Services 3. Electrical Engineering Services 4. Mechanical Engineering Services 5. Landscape Architectural Services 6. Special Testing and Inspection Services 7. Construction Management Services 8. Plan Check Services 9. Hydraulic Modeling, Capacity and Conditions Assessment, and

Master Planning 10. Geotechnical Engineering Services 11. Environmental Engineering Services 12. Transportation Planning and Engineering Services 13. Structural Engineering Services

Qualifications

Under general qualifications, the Consultant must have the following:

1. Demonstrated knowledge of applicable local, state, and federal codes and laws applicable to City facilities.

2. Demonstrated ability to coordinate the work between various disciplines as required.

3. Possess appropriate and valid State of California-issued license or registration to practice in specific area of discipline.

4. Demonstrated knowledge and capability to produce project documents in electronic format compatible with the City’s system.

This City of Redwood City is an Equal Opportunity Employer. Firms that are shortlisted, as part of the selection process, shall comply with all applicable laws. Respondents to this RFSOQ should be aware that certain projects contemplated under the City’s Annual CIP are also funded in part by federal aid funds and must comply with Disadvantaged Business Enterprise (DBE) program. There are no M/WBE and/or DBE requirements for this RFSOQ, but maybe for subsequently issued project specific requests for proposals resulting from this solicitation.

The Consultants must have the following qualifications specific to each discipline of service:

1) Architectural Engineering Services

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a) Demonstrated experience and knowledge of managing multi-disciplinary team and experience and innovation in sustainable design.

b) Demonstrated experience and knowledge of urban design, planning, and architecture.

c) Demonstrated experience and knowledge of programming, surveying of existing facilities, presentations, site development planning, site analysis and selection, project scheduling and budgeting, as well as all phases of design through bidding and construction administration.

d) Demonstrated experience and knowledge of special studies, renderings, life cycle cost analysis, value engineering, tenant related services, graphics design, special building type consultants, and coordination with non-design professionals

2) Civil Engineering, inclusive of Surveying Services

a) Demonstrated experience and knowledge of site surveying and civil engineering for planning and development purposes.

b) Demonstrated experience and knowledge of civil engineering services for new construction, assessment of existing facilities, renovations, expansions, and other improvements.

c) Demonstrated experience and knowledge with design of storm water pollution prevention systems for facilities’ construction.

d) Demonstrated experience and knowledge of design of trenchless improvements (e.g. microtunnelling and pipe jacking) and corrosion control engineering.

e) Demonstrated experience and knowledge of construction support services related to civil engineering work.

3) Electrical Engineering Services

a) Demonstrated experience and knowledge of electrical engineering services for new construction, assessment of existing facilities, renovations, expansions, and other improvements (e.g., Telemetry, SCADA, Instrumentation, Control, PLC Programming, street lighting and traffic signal)

b) Demonstrated experience and knowledge of construction support services related to electrical engineering work

4) Mechanical Engineering Services

a) Demonstrated experience and knowledge of mechanical engineering services for new construction, assessment of existing facilities, renovations, expansions, and other improvements (e.g. HVAC)

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b) Demonstrated experience and knowledge of construction support services related to mechanical engineering work

5) Landscape Architectural Services

a) Demonstrated experience and knowledge of landscape architecture, urban design, site planning and architecture, native landscaping, drought-tolerant landscaping, and plant and tree selection (e.g., parks, playgrounds, synthetic turf, and streetscapes)

b) Demonstrated experience and knowledge of construction support services related to landscape architectural work

6) Special Testing and Inspection Services

a) Demonstrated experience and knowledge of testing of all construction work and construction materials including soils testing and special testing

b) Inspector of Record services for special inspections and project compliance inspections

c) Interpretation of construction documents for special inspections and project compliance inspections

d) Monitoring of construction progress in the field in relation to schedules

7) Construction Management Services

a) Demonstrated experience and knowledge construction management, project management, monitoring, administration, and coordination services

b) Demonstrated experience and knowledge of design documents review for coordination, constructability, and completeness

c) Demonstrated experience and knowledge of cost estimating services of construction documents, and construction changes

d) Demonstrated experience and knowledge of project scheduling services

e) Demonstrated experience and knowledge of construction claim avoidance and resolution

f) Demonstrated experience and knowledge of federal-aid construction and administration requirements

8) Plan Check Services

a) Demonstrated experience and knowledge of civil, landscaping, and structural plan check services applicable to and consistent with local, state, and federal standards, including but not limited to ADA compliance

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9) Hydraulic modeling, capacity and conditions assessment, and master planning

a) Demonstrated experience and knowledge of hydraulic modeling, including but not limited to, preparation of capacity and conditions assessment, and master planning

10) Geotechnical Engineering Services

a) Demonstrated experience and knowledge of geotechnical engineering services including but not limited to; conducting hazardous materials sampling and testing, preparing a hazardous materials abatement work plan, undertaking a geophysical survey and preparing bid documents including plans and specifications for hazardous materials abatement and demolition

b) Demonstrated experience and knowledge of construction support services related to geotechnical engineering work

11) Environmental Engineering Services

a) Demonstrated experience and knowledge of environmental engineering services including but not limited to; preparation of comprehensive environmental assessments and impact analysis reports compliant with CEQA, BAAQMD, RWQCB, City standards and regulations, other regulatory agencies having jurisdiction

12) Transportation Planning and Engineering Services

a) Demonstrated experience and knowledge of transportation engineering services including but not limited to; traffic modeling, traffic operation analysis, traffic impact assessments, design of multimodal transportation facilities

b) Demonstrated experience and knowledge of transportation planning including but not limited to: multimodal plans, parking assessments and parking plans, transportation demand management

13) Structural Engineering Services

a) Demonstrated experience and knowledge of structural engineering services including but not limited to; conducting field investigations and preparation of structural reports, structural calculations, technical specifications and drawings, establishment of structural design criteria and strategies, structural peer reviews, cost estimating, and value engineering

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D. SELECTION PROCESS AND CRITERIA

Selection Process

All responses to this RFSOQ meeting the submittal requirements will be evaluated by a review committee. The names of the review committee members will not be revealed. Individual or composite ratings by the review committee members will not be revealed. Written qualifications will be reviewed and ranked by the review committee and ranked in accordance with the rating criteria reflected in this RFSOQ. All firms will be notified, if they have been shortlisted via email. Following the selection committee’s evaluation process and determination of firms short-listed the City may contact persons involved in former or current projects by responding firms, including but not limited to reference contacts.

Based on City needs, the City may choose to invite one or more firms to prepare a fee proposal for specific projects immediately or during the duration of the established list. If negotiations with the top ranked firm are not completed within ten (10) days, the City will move to negotiate with the second top ranked firm. The negotiations process will be completed when a contract is agreed upon and executed.

The City reserves the right to modify the scopes of the projects and the related services at any time based on the best interests of the City. The City may, at its option, choose to issue a master services agreement with one or more qualified firms.

All cost associated with the preparation and responses, including presentation materials for interviews, if conducted, related to this RFSOQ shall be borne solely by the Consultant and at no cost to the City.

Business License Requirements: The consultant and their subconsultants must hold or obtain business licenses in the City for any work within City limits.

Selection Criteria

Some of the criteria for selection of the consultant team for each of the various disciplines being solicited for are listed below, not necessarily in order of importance and include but are not limited to:

1) Success and range of experience of each firm, especially with Cities or clients with similar capital projects and/or programs, including quality of work, success in meeting project deadlines, success in meeting project budget, and related criteria

2) Firm’s overall professional qualifications in discipline. Firms with less than 5years as a business will NOT be considered

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3) Work program for carrying out assignments and ability to adhere to schedules and budgets

4) Ability to adapt to changes and factors throughout the process that may affect the delivery of projects or program outcome

5) Ability to resolve construction issues and unanticipated field conditions efficiently and equitably while maintaining design integrity and avoiding legal disputes or cost overruns

6) A successful history of working with public agency low bid contractors and improvements built in conformance with California Public Contract Code

E. QUALIFICATIONS SUBMITTAL, INSTRUCTIONS, AND FORMAT

Firms must provide a separate qualification submittal for each of the specific disciplines in order to be given ful l consideration. No combined qualification submittals will be accepted. Please ensure that your submittal is very clearly marked regarding which discipline the qualifications submittal addresses.

The City is interested in information to address the points below. Brief responses are acceptable and encouraged.

1) Date of Submittal 2) Firm’s structure, background, general qualifications, include

employee count by title and profession, year firm was established 3) How to deliver successful, high quality projects while working with low

bid contractors, including quality control 4) Please attach individual resumes, with relevant experience working

with public entities, specific role and responsibility, number of similar projects completed within the last 5 years. Also include the primary point of contact’s name, address, telephone number and email address, as well as an alternate point of contact for each qualification submitted

5) Firm’s current work load and backlog 6) Recent experience of the firm in providing services for representative

projects identify costs and project complexities that distinguishes your firm’s services. Provide the name, address and phone number for owner/client, contractor, operator/facilities manager, or other person that may serve as references

7) Subconsultants that would be utilized and their specific role. Include firm qualifications

8) Location of the office(s) where work will be performed. Professional license and registration to practice specific discipline in the State of California

9) Please identify any recent or pending litigation

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10) Confirmation that the required City standard /insurance levels are acceptable

Prior to negotiating a contract with the top ranked firm(s) for a particular project assignment, City will ask the proposer(s) to submit the expected level of services to be provided by each subconsultant, broken down by task or phase and the corresponding fees.

All qualifications must be received no later than by 3:00 p.m. PT, June 1, 2016, at City of Redwood City, Attention: Alex Chan – Assistant Engineer, Department of Community Development Department – Engineering Division, 1017 Middlefield Road, Redwood City, CA 94063. Late submittals will not be considered under any circumstances.

All submittals shall be in an 8 ½ x 11’ format. Foldout 11 x 17” pages may be used to exhibit projects. All submittals must have an executive summary, numbered pages, tabbed and a table of contents. Responses must be numerically identified to correspond to each request itemized below.

Candidate firms will be selected on the basis of professional qualifications and demonstrated competence.

Statements of Qualifications shall be typed and shall not exceed thirty (30) pages of written material not including the cover letter. Submittals failing to comply with the page limitation will not be considered. The thirty (30) page limitation includes any photographic or graphic material contained in the body of the statement and any appendices. The limitation does not include:

• The cover (although narrative on the reverse side of the front cover or front

of the back cover will be counted ; • A title page; • A table of contents and/or index; or • Blank tab pages

Submittals shall not include proposed fee or compensation amounts. Questions regarding the information contained in the RFSOQ document must be submitted in writing via email or fax, to the following location:

City of Redwood City Telephone: (650) 780-7380 Attention: Alex Chan – Assistant Engineer Email: [email protected] Community Development Department Engineering Division 1017 Middlefield Road Redwood City, CA 94063

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Alex Chan is the only individual authorized to receive inquiries regarding the specific discipline. All questions received by 5:00 p.m. FIVE DAYS PRIOR TO RFSOQ due date, will be responded to, at City’s discretion, in writing and issued as an addendum to the RFSOQ. Anonymity of the source of specific written questions will be maintained in the written responses issued as addenda. Telephone requests for information or verbal inquiries will NOT be allowed. The intent behind this requirement is to ensure that respondents have available to them the same information and no inconsistent, incomplete or misinformation is communicated to any team. Any attempt to solicit information by any means outside of this process by any firm intending to make a submittal will invalidate that respondent firm’s ability to submit.

F. DELIVERY OF RESPONSES AND SCHEDULE All responses to this RFSOQ must be received by City of Redwood City, Attention: Alex Chan – Assistant Engineer, Department of Community Development Department – Engineering Division, 1017 Middlefield Road, Redwood City, CA 94063, by 3:00 p.m. PT, June1, 2016.

All written materials and drawings must have four (4) copies of the RFSOQ Response materials, a thumb drive with the same information and be submitted in accordance with all requirements set forth in this RFSOQ document. TENTATIVE SCHEDULE OF EVENTS Issue RFSOQ…………………………………… May 2, 2016 Deadline for Response………………………… 3:00 p.m. PT June 1, 2016 Evaluation by Selection Committee………… July 1, 2016 Publish Qualification List…………………………July 7, 2016

*Note: This schedule is tentative and included for general planning purposes only. Schedule may be compressed or extended for certain disciplines based on City project needs.

SECTION II: LIST OF EXHIBITS

All candidates on the shortlist of firms selected will be asked to certify that they will execute a contract with the City of Redwood City with no exceptions or additions.

Sample Standard City Agreement is included with this RFSOQ and attached for reference.

Successor Agency Design Professional Agreement over $10K 13 City Attorney Approved Version 013113

SAMPLE STANDARD CITY AGREEMENT

(This document to be used for Design Professional Agreements over $10,000 in value, remove before finalizing)

DESIGN PROFESSIONAL AGREEMENT

(Insert Name of Consultant)

THIS AGREEMENT is made and entered into as of the _____ day of __________________, 201_, by and between the REDWOOD CITY REDEVELOPMENT AGENCY, a public body, corporate and politic, duly organized and existing under the laws of the State of California ("Agency"), and ______________________________("Consultant").

RECITALS

A. Agency requires the professional services of a ______________________. B. Consultant has the necessary experience in providing professional services

and advice. C. Selection of Consultant is expected to achieve the desired results in an

expedited fashion. D. Consultant has submitted a proposal to Agency and has affirmed its

willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants

contained herein, the Parties agree as follows: 1. Scope of Work. Agency retains Consultant to perform, and Consultant agrees to render, those services (the "Services") that are defined in attached Exhibit "A," which is incorporated herein by reference. In the event of a conflict between the provisions of Exhibit “A” and the terms of this Agreement, the terms of this agreement shall prevail. Agency shall have the right to modify the scope of work to delete tasks in whole or in part. 2. Standard of Performance. While performing the Services, Consultant will exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the urban Northern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. Term. Unless earlier terminated, the term of this Agreement will commence upon the date first above written and shall expire upon completion of performance of Services hereunder by Consultant. [OR]


3. Term. Unless earlier terminated, the term of this Agreement will be effective for a period of ________ from the date first above written. The Executive Director or his/her designee may amend the Agreement to extend it for additional periods in an amount not to exceed $_________ per _________. Extensions will be based upon a satisfactory review of Consultant's performance, Agency needs, and appropriation of funds by the Redevelopment Agency Board. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. [REMOVE THE PARAGRAPH 3 THAT IS NOT CHOSEN.] 4. Schedule. Consultant will adhere to the schedule set forth in Exhibit “A”, provided, that Agency in its discretion may grant reasonable extensions of time for the performance of such services occasioned by unusually lengthy governmental reviews of Consultant’s work product or other unavoidable delays occasioned by circumstances; provided, further, that such unavoidable delay will not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Consultant’s officers or employees. Consultant acknowledges the importance to Agency of Agency’s project schedule and agrees to use its best professional efforts to meet the schedule. Agency understands that Consultant’s performance must be governed by sound practices. 5. Time is of the Essence. Time is of the essence for each and every provision of this Agreement. 6. Compensation. The total fee payable for the Services to be performed during the initial term of this Agreement will be $_________. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. Agency has the authority to withhold a 10% percent retention until Agency has accepted all of the services specified in Exhibit "A." There shall be no additional charge for expenses unless agreed to by Agency. Payment will occur only after receipt by Agency of invoices sufficiently detailed to include hourly rates, hours worked, and tasks performed, unless otherwise agreed to by Agency. Incremental payments, if applicable, will be made as outlined in attached Exhibit "A." The payment made to Consultant pursuant to the Agreement will be the full and complete compensation to which Consultant is entitled. Agency will not make any federal or state tax withholdings on behalf of Consultant or its agents, employees or subcontractors. Agency will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Consultant or its employees or subcontractors. Consultant agrees to reimburse Agency within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which Agency makes on behalf of Consultant or any agent, employee, or subcontractor of Consultant for work done under this Agreement. At the


Agency’s election, Agency may deduct the reimbursable amount from any balance owing to Consultant. 7. Status of Consultant. Consultant will perform the Services as an independent contractor and not as an employee of Agency. The persons used by Consultant to provide services under this Agreement shall not be considered employees of Agency for any purposes. 8. Subcontracting. Consultant will not subcontract any portion of the Services without prior written approval of Executive Director or his/her designee. If Consultant subcontracts any of the Services, Consultant will be fully responsible to Agency for the acts and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Consultant and Agency. Consultant will be responsible for payment of subcontractors. Consultant will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Consultant's work unless specifically noted to the contrary in the subcontract and approved in writing by Agency. 9. Other Consultants. Agency reserves the right to employ other consultants in connection with the Services. 10. Hold Harmless. Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with this Agreement, defend with counsel acceptable to City, indemnify, and hold City, its officers, employees, agents, and volunteers, harmless from and against any and all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, subcontractor, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable (“Claims”). Consultant will bear all losses, costs, damages, expense and liability of every kind, nature and description, including attorneys fees, experts fees, court costs and disbursements, that arise out of, pertain to, or relate to such Claims, whether directly or indirectly (“Liability”). Such obligations to defend, hold harmless and indemnify the City shall not apply to the extent that such Liability is caused by the sole negligence, or willful misconduct of the City.

With respect to third party claims against the Consultant, the Consultant waives

any and all rights of any type of express or implied indemnity against the Indemnitees. However, notwithstanding the foregoing, in accordance with California Civil Code

Section 1668, nothing in this Agreement shall be construed to exempt the City from its own fraud, willful injury to the person or property of another, or violation of law.


Furthermore, notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code section 2783, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.

Nothing herein contained in this Agreement shall be construed to require

Consultant to indemnify Indemnitees against any responsibility or liability in contravention of California Civil Code Section 2782.8. The Parties expressly agree that any reasonable payment, attorney's fee, cost or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section. The Parties expressly agree that this section shall survive the expiration or early termination of the Agreement. 11. Insurance. Consultant shall obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the Services by Consultant or Consultant’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V."

11.1 Coverages and Limits. Consultant, at its sole expense, shall maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or Executive Director, in consultation with the Agency’s General Counsel, approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Consultant's indemnification obligations under this Agreement. Agency and/or City, their officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage, as Consultant deems adequate, at Consultant's sole expense.

11.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit.

11.1.2 Automobile Liability. $1,000,000 combined single-limit per accident for bodily injury and property damage.


11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Consultant has no employees and provides, to Agency’s satisfaction, a declaration stating this.

11.1.4 Professional Liability. Errors and omissions liability appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim.

11.2. Additional Provisions. Consultant will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions:

11.2.1 For Commercial General Liability Insurance and Automobile Liability Insurance: Agency and City, their officers, agents, volunteers and employees will be named as additional insureds. 11.2.2 Consultant will obtain occurrence coverage, except that Professional Liability will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to Agency sent pursuant to the Notice provisions of this Agreement.

11.3 Providing Certificates of Insurance and Endorsements. Prior to Agency's execution of this Agreement, Consultant will furnish certificates of insurance and endorsements to Agency. 11.4 Failure to Maintain Coverage. If Consultant fails to maintain any of these insurance coverages, then Agency will have the option to declare Consultant in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Consultant is responsible for any payments made by Agency to obtain or maintain insurance and Agency may collect these payments from Consultant or deduct the amount paid from any sums due Consultant under this Agreement. 11.5 Submission of Insurance Policies. Agency reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11.6 Primary Coverage. For any claims related to the Services and this Agreement, the Consultant’s insurance coverage will be primary insurance with respect to Agency and City, their officers, agents, volunteers and employees. Any insurance or self-insurance maintained by Agency and City for themselves, their


officers, agents, volunteers and employees, will be in excess of Consultant’s insurance and not contributory with it.

11.7 Reduction in Coverage/Material Changes. Consultant will notify Agency

thirty (30) days prior to any reduction in any of the insurance coverage required pursuant to this Agreement or any material changes to the respective insurance policies.

12. Business License. Consultant will obtain and maintain a City of Redwood City Business License for the term of the Agreement, as may be amended from time-to-time. 13. Maintenance of Records. Consultant will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Consultant will allow a representative of Agency during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Consultant will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. Ownership Of Documents. All work product produced by Consultant or its agents, employees, and subcontractors pursuant to this Agreement is the property of Agency. In the event this Agreement is terminated, all work product produced by Consultant or its agents, employees and subcontractors pursuant to this Agreement will be delivered to Agency pursuant to the termination clause of this Agreement. Consultant will have the right to make one (1) copy of the work product for Consultant’s records. 15. Copyrights. Consultant agrees that all copyrights that arise from the Services will be vested in Agency and Consultant relinquishes all claims to the copyrights in favor of Agency. 16. Notices. The name of the persons who are authorized to give written notices or to receive written notice on behalf of Agency and on behalf of Consultant under this Agreement. For Agency:

Redwood City Redevelopment Agency

1017 Middlefield Road

Redwood City, CA 94063

(650) 780-7000

For Consultant:

Name___________________________

Title ____________________________

Address _________________________

________________________________

Phone No. _______________________


Except as otherwise stated, all notices to be provided or that may be provided under this Agreement must be in writing and delivered by regular and certified mail. Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. Conflict of Interest. Agency will evaluate Consultant’s duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and Agency’s Conflict of Interest Code is required of Consultant or any of Consultant’s employees, agents, or subcontractors. Should it be determined that disclosure is required, Consultant or Consultant’s affected employees, agents, or subcontractors will complete and file with the Agency Secretary those schedules specified by Agency and contained in the Statement of Economic Interests Form 700. Consultant, for Consultant and on behalf of Consultant’s agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Consultant further warrants that neither Consultant, nor Consultant’s agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Consultant will file with Agency an affidavit disclosing this interest. 18. General Compliance with Laws. Consultant will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Consultant, or in any way affect the performance of the Services by Consultant. Consultant will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Consultant's Services with all applicable laws, ordinances and regulations. 19. Discrimination and Harassment Prohibited. Consultant will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. Termination. In the event of the Consultant's failure to prosecute, deliver, or perform the Services, Agency may terminate this Agreement for nonperformance by notifying Consultant in writing pursuant to the notice provisions of this Agreement. If Agency decides to abandon or postpone the work or services contemplated by this Agreement, Agency may terminate this Agreement upon written notice to Consultant pursuant to the notice provisions of this Agreement. Termination will be effective immediately upon notification. Either Party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. Within 10 days of termination Consultant will assemble the work product without charge and put it in order for proper filing and closing and deliver it to Agency. Consultant will be paid for work performed up to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. Agency will make a determination of final payment based upon the value of the work product delivered to Agency and the percentage of the services performed.


21. Covenants Against Contingent Fees. Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, Agency will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. Claims And Lawsuits. Consultant acknowledges that if a false claim is submitted to Agency by Consultant, it may be considered fraud and Consultant may be subject to criminal prosecution. Consultant acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Consultant acknowledges that the filing of a false claim may subject Consultant to an administrative debarment proceeding as the result of which Consultant may be prevented to act as a Consultant on any public work or improvement for a period of up to five (5) years. Consultant acknowledges disbarment by another jurisdiction is grounds for Agency to terminate this Agreement. 23. Jurisdiction and Venue. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Mateo, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. Successors and Assigns. It is mutually understood and agreed that this Agreement will be binding upon the Parties and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Consultant without the prior consent of Agency, which will not be unreasonably withheld. 25. Paragraph Headings. Paragraph headings as used herein are for convenience only and will not be deemed to be a part of such paragraphs and will not be construed to change the meaning thereof. 26. Entire Agreement. This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order and any other attachment or exhibit. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties.


27. Authority. The individuals executing this Agreement and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Agreement. AGENCY: REDWOOD CITY REDEVELOPMENT AGENCY,

a public body, corporate and politic, of the State of California

1017 Middlefield Road Redwood City, CA 94063 By:_____________________________________________ ATTEST: _______________________________ Silvia Vonderlinden, Agency Secretary CONSULTANT: [NAME] [ADDRESS] *By:_________________________ **By:__________________________ Printed Name:__________________ Printed Name:__________________ Title:__________________________ Title:__________________________ If required by Agency, proper notarial acknowledgment of execution by Consultant must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. **Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.


EXHIBIT “A”

SCOPE OF SERVICES Itemized List of what Consultant will do for City and at what price and schedule.