RFP, Mechanical Engineering - ALAMEDACA.GOV

The City also reserves the right to reject any subconsultant or individual workingon a consultant team and to replace the subconsultant or individual with a mutuallyacceptable replacement.Any changes to the proposal requirements will be made by written addendum.B.Liability of Costs and Responsibility.The City shall not be liable for any costs incurred in response to this request forproposals. All costs shall be borne by the person or organization responding to therequest. The person or organization responding to the request shall hold the Cityharmless from any and all liability, claim or expense whatsoever incurred by or onbehalf of that person or organization. All submitted material becomes the property ofthe City of Alameda.The selected lead consultant will be required to assume responsibility for allservices offered in the proposal whether or not they possess them within theirorganization. The selected lead consultant will be the sole point of contact with regardto contractual matters, including payment of any and all charges resulting from thecontract.C.Validity.The proposer agrees to be bound by its proposal for a period of ninety (90) dayscommencing May 12, 2020, during which time the City may request clarification orcorrection of the proposal for the purpose of evaluation. Amendments or clarificationsshall not affect the remainder of the proposal, but only that portion so amended orclarified.D.Standard Service Provider Agreement.A sample service provider agreement has been provided as Exhibit B for theproposer's review and comment. If a proposer wishes to take exception to any of theterms and conditions contained in the consultant agreement, these should be identifiedspecifically; otherwise it will be assumed that the proposer is willing to enter into theagreement as it is written. Failure to identify contractual issues of dispute can later bethe basis for the City disqualifying a proposer. Any exceptions to terms, conditions, orother requirements must be clearly stated. Otherwise, the City will consider that allitems offered are in strict compliance with the RFP, and the successful proposer will beresponsible for compliance. The City will consider such exceptions as part of theevaluation process which may constitute grounds for rejection of the proposal. Theconsultant agreement will not be executed by the City without first being signed by theproposer.Request for ProposalOn-Call Mechanical Engineering ServicesFY 2020-20255g:\pubworks\cip\yearly\fy 2020-2025\mechanical engineering\rfp, mechanical engineering.doc

E.Permits and Licenses.Proposer, and all of proposer's sub-consultants, at its and/or their sole expense,shall obtain and maintain during the term of any agreement, all appropriate permits,certificates and licenses including, but not limited to, a City of Alameda BusinessLicense which will be required in connection with the performance of serviceshereunder.F.Oral and Written Explanations.The City will not be bound by oral explanations or instructions given at any timeduring the review process or after the award. Oral explanations given during the reviewprocess and after award become binding when confirmed in writing by an authorizedCity official. Written responses to question(s) asked by one proposer will be provided toall proposers who received Requests for Proposals.G.Proposer's Representative.The person signing the proposal must be a legal representative of the firmauthorized to bind the firm to an agreement in the event of the award.H.Deliverables.Deliverables depend upon the task assigned. In general, three (3) copies ofadministrative draft reports are required upon completion of each major part of theproject. Following approval by the staff, three (3) copies of each final report arerequired.One unbound copy of each final document and an electronic file containing allfinal documents and all information are to be provided. The consultant will develop asystem to assemble, organize, store and utilize data in an electronic format. At theoutset of the agreement, the consultant will submit a description of the software to beused in preparation of the reports and graphics.I.InsuranceGeneral Liability, Automobile, Professional Liability, and Worker's compensationinsurance are required in the amount set forth in the attached sample consultantagreement.EXHIBITS:A.Scope of ServicesB.Standard Service Provider AgreementRequest for ProposalOn-Call Mechanical Engineering ServicesFY 2020-20256g:\pubworks\cip\yearly\fy 2020-2025\mechanical engineering\rfp, mechanical engineering.doc

EXHIBIT ASCOPE OF SERVICESFORMECHANICAL ENGINEERING SERVICESThe City desires to obtain the services of one or more outside organizations to assistwith Mechanical Engineering Services for maintenance and capital improvementprojects.The scope of work includes, but is not limited to, the following:1.2.3.4.5.Provide staff and services on an on-call, as-needed basis.Provide mechanical design and/or construction management services forrepair and replacement of City infrastructure.Provide in-house personnel or subconsultants for minor civil, structural,electrical, instrumentation and controls, asbestos and lead abatement,landscaping architecture, and LEED certification as needed to complete work.Provide the full range of mechanical engineering services including preliminarystudies, public outreach, drawings, specifications, estimates and otherprofessional services.During construction, make on-site visits; review material submittals, shopdrawings and test results; respond to RFIs; draft change orders; and reviewpay estimates.Typical projects may include:1.2.3.4.Sewer, storm drain, and lagoon pump station upgrades or replacementsMotorized weirs on lagoonsHVAC renovationsPlumbing renovations

EXHIBIT ‘B’SERVICE PROVIDER AGREEMENTThis SERVICE PROVIDER AGREEMENT (“Agreement”) is entered into thisday of , 2020 (“Effective Date”), by and between the CITY OF ALAMEDA, amunicipal corporation (the “City”), and COMPANY, a (California corporation, LLC, LP,GP, sole proprietor/individual), whose address is ADDRESS (the “Provider”), inreference to the following facts and circumstances:RECITALSA.City is a municipal corporation duly organized and validly existing under the lawsof the State of California with the power to carry on its business as it is now beingconducted under the statutes of the State of California and the Charter of the City.B.The City is in need of the following services: on-call mechanical engineeringservices. On April 20, 2020 the City issued a Request for Proposal and reached out tothe Consultant’s on the City’s bidders list, the builder’s exchanges and posted theRequest for Proposal on the City’s website. After a bidding period of daysfirms submitted proposals. City interviewed qualified firms, and selected the firm thatbest meets the City’s needs.C.Provider is specially trained, experienced and competent to perform the specialservices which will be required by this Agreement.D.City and Provider desire to enter into an agreement for on-call mechanicalengineering services, upon the terms and conditions herein.AGREEMENTNOW, THEREFORE, in consideration of the forgoing, which are incorporatedherein by reference, and for good and valuable consideration, the receipt and adequacyof which are hereby acknowledged, the City and Provider agree as follows:1.TERM:The term of this Agreement shall commence on the 1st day of July 2020, andshall terminate on the 30th day of June 2025 unless terminated earlier as set forthherein.2.SERVICES TO BE PERFORMED:Provider agrees to do all necessary work at its own cost and expense, to furnishall labor, tools, equipment, materials, except as otherwise specified, and to do allnecessary work included in Exhibit A as requested. The Provider acknowledges thatthe work plan included in Exhibit A is tentative and does not commit the City to requestProvider to perform all tasks included therein.Request for ProposalOn-Call Mechanical EngineeringFY 2020-20251Version 10-03-19g:\pubworks\cip\yearly\fy 2020-2025\mechanical engineering\rfp, mechanical engineering.doc

3.COMPENSATION TO PROVIDER:a.By the 7th day of each month, Provider shall submit to the City an invoicefor the total amount of work done the previous month. Pricing and accounting ofcharges are to be according to the fee schedule as set forth in Exhibit B andincorporated herein by this reference. Extra work must be approved in writing by theCity Manager or his/her designee prior to performance and shall be paid on a Time andMaterial basis as set forth in Exhibit B.b.Compensation for this contract shall not exceed 150,000 per fiscal year,for a total five-year compensation not to exceed 750,000.4.TIME IS OF THE ESSENCE:Provider and City agree that time is of the essence regarding the performance ofthis Agreement.5.STANDARD OF CARE:Provider agrees to perform all services hereunder in a manner commensuratewith the prevailing standards of like professionals or service providers, as applicable, inthe San Francisco Bay Area and agrees that all services shall be performed by qualifiedand experienced personnel who are not employed by the City.6.INDEPENDENT PARTIES:Provider hereby declares that Provider is engaged as an independent businessand Provider agrees to perform the services as an independent contractor. The mannerand means of conducting the services and tasks are under the control of Provider,except to the extent they are limited by statute, rule or regulation and the express termsof this Agreement. No civil service status or other right of employment will be acquiredby virtue of Provider’s services. None of the benefits provided by City to its employees,including but not limited to unemployment insurance, workers’ compensation plans,vacation and sick leave are available from City to Provider, its employees or agents.Deductions shall not be made for any state or federal taxes, FICA payments, PERSpayments, or other purposes normally associated with an employer-employeerelationship from any compensation due to Provider. Payments of the above items, ifrequired, are the responsibility of Provider.7.IMMIGRATION REFORM AND CONTROL ACT (IRCA):Provider assumes any and all responsibility for verifying the identity andemployment authorization of all of its employees performing work hereunder, pursuantto all applicable IRCA or other federal, or state rules and regulations. Provider shallindemnify, defend, and hold City harmless from and against any loss, damage, liability,costs or expenses arising from any noncompliance of this provision by Provider.Request for ProposalOn-Call Mechanical EngineeringFY 2020-20252Version 10-03-19g:\pubworks\cip\yearly\fy 2020-2025\mechanical engineering\rfp, mechanical engineering.doc

8.NON-DISCRIMINATION:Consistent with the City’s policy and state and federal law that harassment anddiscrimination are unacceptable conduct, Provider and its employees, contractors, andagents shall not harass or discriminate against any job applicant, City employee, or anyother person on the basis of any kind of any statutorily (federal, state or local) protectedclass, including but not limited to: race, religious creed, color, national origin, ancestry,physical disability (including HIV and AIDS), mental disability, medical condition (ex.Cancer), genetic information, marital status, sex, gender, gender identity, genderexpression, age, sexual orientation, pregnancy, political affiliation, military and veteranstatus or legitimate Union activities. Provider agrees that any violation of this provisionshall constitute a material breach of this Agreement.9.HOLD HARMLESS:a.Provider shall indemnify, defend, and hold harmless the City, its CityCouncil, boards, commissions, officials, employees, and volunteers (“Indemnitees”)from and against any and all loss, damages, liability, claims, suits, costs and expenseswhatsoever, including reasonable attorneys’ fees (“Claims”), arising from or in anymanner connected to Provider’s negligent, reckless or intentional act or omission,whether alleged or actual, regarding performance of services or work conducted orperformed rsuant to this Agreement. If Claims are filed against Indemnitees whichallege negligence, recklessness or willful misconduct on behalf of the Provider, Providershall have no right of reimbursement against Indemnitees for the costs of defense evenif negligence, recklessness or willful misconduct is not found on the part of Provider.However, Provider shall not be obligated to indemnify Indemnitees from Claims arisingfrom the sole negligence or willful misconduct of Indemnitees.b.Indemnification for Claims for Professional Liability Only: As toClaims for professional liability only, Provider’s obligation to defend Indemnitees (as setforth above) is limited as provided in California Civil Code Section 2782.8.c.Provider’s obligation to indemnify, defend and hold harmless Indemnitiesshall expressly survive the expiration or early termination of this Agreement.10.INSURANCE:a.On or before the commencement of the terms of this Agreement, Providershall furnish the City’s Risk Manager with certificates showing the type, amount, class ofoperations covered, effective dates and dates of expiration of insurance coverage incompliance with subsections 10A, B, C and D. Such certificates, which do not limitProvider’s indemnification, shall also contain substantially the following statement:“Should any of the above insurance covered by thiscertificate be canceled or coverage reduced before theexpiration date thereof, the insurer affording coverage shallprovide ten (10) days’ advance written notice to the City ofAlameda. Attention: Risk Manager.”Request for ProposalOn-Call Mechanical EngineeringFY 2020-20253Version 10-03-19g:\pubworks\cip\yearly\fy 2020-2025\mechanical engineering\rfp, mechanical engineering.doc

b.It is agreed that Provider shall maintain in force at all times during theperformance of this Agreement all appropriate coverage of insurance required by thisAgreement with an insurance company that is acceptable to City and licensed to doinsurance business in the State of California.c.Provider shall deliver updated insurance certificates to the City at theaddress described in Section 17.f. prior to the expiration of the existing insurancecertificate for the duration of the term of Agreement. Endorsements naming the City, itsCity Council, boards, commissions, officials, employees, and volunteers as additionalinsured shall be submitted with the insurance certificates.Provider InitialsA.COVERAGE:Provider shall maintain the following insurance coverage:(1)Workers’ Compensation:Statutory coverage as required by the State of California.(2)Liability:Commercial general liability coverage in the following minimumlimits:Bodily Injury: 1,000,000 each occurrence 2,000,000 aggregate - all otherProperty Damage: 1,000,000 each occurrence 2,000,000 aggregateIf submitted, combined single limit policy with aggregate limits in theamounts of 2,000,000 will be considered equivalent to the requiredminimum limits shown above. Additional Insured Endorsement namingthe City, its City Council, boards, commissions, officials, employees, andvolunteers is required.(3)Automotive:Comprehensive automobile liability coverage (any auto) in thefollowing minimum limits:Bodily injury:Property Damage: 1,000,000 each occurrence 1,000,000 each occurrenceorCombined Single Limit: 2,000,000 each occurrenceAdditional Insured Endorsement naming the City, its City Council,boards, commissions, officials, employees, and volunteers is required.Request for ProposalOn-Call Mechanical EngineeringFY 2020-20254Version 10-03-19g:\pubworks\cip\yearly\fy 2020-2025\mechanical engineering\rfp, mechanical engineering.doc

(4)Professional Liability:Professional liability insurance which includes coverage for theprofessional acts, errors and omissions of Provider in the followingminimum limits: 1,000,000 each occurrenceB.SUBROGATION WAIVER:Provider agrees that in the event of loss due to any of the perils for which it hasagreed to provide comprehensive general and automotive liability insurance, Providershall look solely to its insurance for recovery. Provider hereby grants to City, on behalfof any insurer providing comprehensive general and automotive liability insurance toeither Provider or City with respect to the services of Provider herein, a waiver of anyright to subrogation which any such insurer of said Provider may acquire against Cityby virtue of the payment of any loss under such insurance.C.FAILURE TO SECURE:If Provider at any time during the term hereof should fail to secure or maintain theforegoing insurance, City shall be permitted to obtain such insurance in the Provider’sname or as an agent of the Provider and shall be compensated by the Provider for thecosts of the insurance premiums at the maximum rate permitted by law and computedfrom the date written notice is received that the premiums have not been paid.D.ADDITIONAL INSURED:City, its City Council, boards, commissions, officials, employees, and volunteersshall be named as an additional insured under all insurance coverages, except workers’compensation and professional liability insurance. The naming of an additional insuredshall not affect any recovery to which such additional insured would be entitled underthis policy if not named as such additional insured. An additional insured named hereinshall not be held liable for any premium, deductible portion of any loss, or expense ofany nature on this policy or any extension thereof. Any other insurance held by anadditional insured shall not be required to contribute anything toward any loss orexpense covered by the insurance provided by this policy.E.SUFFICIENCY OF INSURANCE:The insurance limits required by City are not represented as being sufficient toprotect Provider. Provider is advised to consult Provider’s insurance broker todetermine adequate coverage for Provider.11.CONFLICT OF INTEREST:Provider warrants that it is not a conflict of interest for Provider to perform theservices required by this Agreement. Provider may be required to fill out a conflict ofinterest form if the services provided under this Agreement require Provider to makecertain governmental decisions or serve in a staff capacity as defined in Title 2, Division6, Section 18700 of the California Code of Regulations.Request for ProposalOn-Call Mechanical EngineeringFY 2020-20255Version 10-03-19g:\pubworks\cip\yearly\fy 2020-2025\mechanical engineering\rfp, mechanical engineering.doc

12.PROHIBITION AGAINST TRANSFERS:a.Provider shall not assign, sublease, hypothecate, or transfer thisAgreement, or any interest therein, directly or indirectly, by operation of law orotherwise, without prior written consent of the City Manager. Provider shall submit awritten request for consent to transfer to the City Manager at least thirty (30) days inadvance of the desired transfer. The City Manager or his or her designee may consentor reject such request in his/her sole and absolute discretion. Any attempt to do sowithout said consent shall be null and void, and any assignee, sublessee, hypothecateor transferee shall acquire no right or interest by reason of such attempted assignment,hypothecation or transfer. However, claims for money against the City under thisAgreement may be assigned by Provider to a

On-Call Mechanical Engineering Services g:\pubworks\cip\yearly\fy 2020-2025\mechanical engineering\rfp, mechanical engineering.doc FY 2020-2025 B. Selection Criteria. The City will select the most qualified proposal(s) based on the following factors. Responses to the RFP should addre