Full Text
REQUEST FOR QUALIFICATIONS (RFQ) FOR ON-CALL ENGINEERING & PROJECT MANAGEMENT SERVICES CITY OF EL CERRITO PUBLIC WORKS DEPARTMENT 10890 SAN PABLO AVENUE EL CERRITO, CALIFORNIA 94530 (510) 215-4382 SUBMITTAL DEADLINE THURSDAY, APRIL 4, 2013, 10 A.M. ---PAGE BREAK--- REQUEST FOR QUALIFICATIONS (RFQ) FOR ON-CALL ENGINEERING & PROJECT MANAGEMENT SERVICES TABLE OF CONTENTS GENERAL SCOPE OF CONTRACT SUBMITTAL SELECTION ATTACHMENT - SAMPLE PROFESSIONAL SERVICES AGREEMENT ---PAGE BREAK--- City of El Cerrito, RFQ for Engineering & Project Management Services Page 1 GENERAL The City of El Cerrito’s Public Works Department is currently seeking to retain one or more qualified professional firms to provide on-call engineering and project management services. The term of the contract will be three years with options to extend an additional two years. The work will be assigned on an as-needed basis for a variety of capital improvement projects and city programs. The work may be discrete, short term assignments or may be part of larger capital or planning efforts. This document outlines the requirements, selection process and documentation necessary to submit a Statement of Qualifications (SOQ) in response to this RFQ. SCOPE OF SERVICES The selected firm(s) will report to, and operate under, the direction of City of El Cerrito staff, shall provide services and have staffing covering some or all of the specialized categories listed below: ¾ Street Infrastructure Evaluation and Improvement ¾ Pavement Management and Improvement ¾ Storm Drain Evaluation and Improvement ¾ Erosion and Sediment Control Design ¾ City Building and Park Repair and Improvements ¾ Private Development Review ¾ Utility Coordination and Permitting ¾ Master Planning and Budgeting Engineering services provided by the chosen firm(s) may include, but may not be limited to: ¾ Field investigation and data collection ¾ Feasibility evaluation and alternatives analysis ¾ Design development and cost estimating ¾ Preparation of plans, specifications and estimates ¾ Review and check plans, subdivision and parcel maps, and computations submitted by private developers ¾ Review of engineering and encroachment permits ¾ Review of environmental and engineering reports and proposals ¾ Coordination with utility agencies, consultants, and other public agencies ¾ Organization, participation and presentations at meetings held by City staff, the City Council, neighborhood groups, and other stakeholders ¾ Preparation of preliminary documents, plans and/or reports including findings and recommendations ¾ Preparation final documents, plans and/or reports responding to City and other stakeholder comments ¾ Preparation of handouts and graphical displays for public meetings ¾ Management and monitoring of capital improvement projects ¾ Management and monitoring of planning projects ¾ Administration and monitoring of regional, state and federal grants ¾ Preparation and submittal of Caltrans Local Assistance Procedures documents ¾ General civil engineering support services as assigned The selected firm(s) will be expected to commence services as early as April 17, 2013 and immediately as needs arise. When the City determines that services are needed the selected firm(s) will be informed of the specific staffing need and task scope. The firm(s) will prepare a detail scope and cost proposal, and negotiations will take place. Upon satisfactorily concluding the negotiations, a task order will be prepared defining the scope and budget. ---PAGE BREAK--- City of El Cerrito, RFQ for Engineering & Project Management Services Page 2 CONTRACT A sample Professional Services Agreement is attached for review of all firms submitting an SOQ. Each firm must carefully review all sections and pay special attention to the indemnity and insurance portions of the agreement. Insurance requirements are included in the Agreement and they must be satisfied prior to the execution of the Agreement. Note that the City does not ordinarily allow modifications to the standard agreement. PAYMENT The method of payment to the selected firms shall be on a time-and-material basis. This amount shall include labor, overhead, profit and expenses including transportation, communications, and materials. Progress payments will be based on actual hours and contract hourly rates charged to a particular task on a basis. Each invoice submitted to the City for payment shall contain a brief description of the work billed on that invoice, total billed to date, total paid to date and amount remaining. SUBMITTAL REQUIREMENTS A Statement of Qualifications (SOQ) for On-Call Engineering and Project Management Services is requested to be submitted to the City of El Cerrito’s Public Works Department at 10890 San Pablo Avenue no later than 10:00 am on Thursday, April 4, 2013. SOQs must be submitted according to the instructions outlined herein. Each response should include, at a minimum, the following items: 1. Transmittal letter – Indicate interest and commitment to perform on-call services for the City of El Cerrito. Include contact information (physical address, telephone, fax and email address) for the primary person responsible for your SOQ who will be the point of contact for the City on all correspondence and communications pertaining to the SOQ. State whether any addendums to this RFQ have been received by your firm and whether consideration of their content has been included in your SOQ. The letter must be signed by an officer of the firm who is authorized to bind the firm to contract and shall contain a statement to this effect 2. Firm Qualification and Experience – Discuss the firm’s experience and history in performing on-call engineering and project management services in a timely manner, particularly for other governmental agencies in the past five years. Discuss the firm’s uniqueness to best perform these on-call services for the City. Identify the office location that will be providing the services and the approach to handling part- time staffing needs for smaller assignments without availability of City office space. Finally, include the firm’s approach to satisfying Disadvantaged Business Enterprise (DBE) goals on projects involving federal funds. 3. Team Member Qualifications and Experience – Submit resumes summarizing qualifications and experience of project manager, key staff and any support staff likely to be assigned to the work. 4. References – Provide at least three references (names and current phone numbers) from recent work (previous five years) for each proposed team member. Include a brief description of the projects associated with the reference, and the role of the individual. 5. Fee Schedule – Provide a list of hourly billing rates for each proposed team member. Hourly billing rates shall include all direct and indirect labor expenses, transportation, cell phone, computer, and sub-consultant fee mark-ups. 6. Professional Services Agreement – Provide a statement that the Professional Services Agreement has been read, that the firm will meet the prerequisite insurance requirements, and the firm, if selected, agrees to enter in to such agreement. Questions pertaining to this RFQ shall be submitted no later than 10:00 A.M., Monday, April 1, 2013, by email to Yvetteh Ortiz, Engineering Manager at [EMAIL REDACTED]. Responses to questions timely submitted will be answered within two business days by addendum distributed to all firms. Firms shall identify receipt of all addenda in their Transmittal Letter. ---PAGE BREAK--- City of El Cerrito, RFQ for Engineering & Project Management Services Page 3 Each firm must submit three bound copies of the SOQ to the address listed below. Fax or email submittals will not be accepted. Firm are responsible for effecting delivery no later than 10:00 A.M. on Thursday, April 4. 2013; late submissions will be rejected without opening, consideration, or evaluation, and will be returned unopened to the sender. The City accepts no responsibility for misdirected or lost SOQ submittals. Postmarks will not be accepted. SOQ submittals shall be submitted in a large envelope and labeled: City of El Cerrito Public Works Department Attention: Yvetteh Ortiz, Engineering Manager 10890 San Pablo Avenue, El Cerrito, CA 94530 On-Call Engineering and Project Management Services SELECTION PROCESS City staff will evaluate the SOQs based upon the following criteria: • Firm Qualifications and Experience 40% • Qualifications of Project Manager & Key Personnel 40% • Satisfaction of Previous Clients 20% The City may select one or more firms to provide on-call services based on this evaluation or it may choose to follow up with an interview on Friday, April 5, 2013. This process will result in the selection of a firm or firms to provide on-call services. The City reserves the right to reject any and all proposals for any reason whatsoever. The City may waive informalities or irregularities in the proposal received where such is merely a matter of form and not substance, and the correction or waiver thereof is deemed by the City not prejudicial to other proposals. After the selection of the most qualified firm(s), scope of services and billing rates will be negotiated and used as attachments to the City’s Professional Services Agreement. This Agreement will then be submitted to the City Council for approval. If the City and the selected firm cannot successfully negotiate an agreement, then the City will enter into negotiations with the next best qualified firm on the evaluation rating list. This procedure may be repeated until one of more firms has been approved by the City Council. The City currently anticipates conducting the selection process proceeding in accordance with the following list of milestones. This schedule is subject to revision and the City reserves the right to modify this schedule as necessary, in its sole discretion. April 4, 2013: Proposals are due no later than 10:00 A.M. April 5, 2013: Interviews, if required, will be held and selected firm(s) will be notified. April 9, 2013: Contract negotiations will be completed. April 16, 2013: On-call agreements will be authorized by City Council. ---PAGE BREAK--- City of El Cerrito, RFQ for On-Call Transportation Engineering Services ATTACHMENT SAMPLE PROFESSIONAL SERVICES AGREEMENT ---PAGE BREAK--- Page 1 of 9 SAMPLE AGREEMENT FOR CONSULTANT SERVICES CITY OF EL CERRITO AND ---PAGE BREAK--- Page 2 of 9 AGREEMENT FOR ON-CALL CONSULTANT SERVICES This Agreement is made and entered into on this day of 2013 ("Effective Date") by and between the City of El Cerrito, a California municipal corporation (herein after the "City") and a California corporation (hereinafter the "Consultant"). City and Consultant may be referred to herein as "Party" or "Parties." I. DESCRIPTION OF SERVICES TO BE PROVIDED Consultant shall provide services for specific projects as may be requested by City; such services shall be defined, scheduled, and authorized in subsequent Task Orders. Services may include, but not be limited to: • Construction Management, Administration and Inspection, • Other as-needed services. II. SCOPE OF SERVICES BY CONSULTANT Subject to the terms and conditions set forth in this Agreement, Consultant shall provide the City with those services specified in Exhibit A, “Request for Statement of Qualifications For On-Call Services For Construction Management In the City of El Cerrito”, and Exhibit B, “Statement of Qualifications for On-Call Construction Management Services, City of El Cerrito, Dated November 6, 2012.” The term for this Agreement shall be thirty-six months commencing on the date of its execution. III. SCOPE OF SERVICES TO BE PROVIDED BY CITY The City shall provide Consultant with the following services: 1) Access to necessary documents, records, computer files, reports, and other materials necessary to perform Consultant’s duties. 2) Access to City staff who will provide input in the development of policies, procedures, practices, approaches, and methods, as necessary for Consultant to complete services to be performed under this Agreement. IV. COMPENSATION A. City hereby agrees to pay Consultant a sum not to exceed that which is included in a specific Task Order and authorized by a Notice to Proceed, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. City shall pay Consultant for services rendered on a time-and-material basis pursuant to any specific task proposal and in the manner set forth therein. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of ---PAGE BREAK--- Page 3 of 9 employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. B. Consultant shall bill City for the work performed during the preceding month. Such bills shall itemize all charges in such detail as may reasonably be required by City in the usual course of City business. City shall pay Consultant no later than thirty (30) days upon receipt of the invoice. In the event a dispute arises relating to the services performed, costs incurred or any other item relating to compensation of Consultant, such dispute will not delay compensation for those services and costs not in dispute. Any such dispute will be resolved by the parties through negotiations. V. RESPONSIBILITY OF CONSULTANT Consultant agrees that it shall use its best professional efforts and that its services shall be performed in accordance with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. Consultant also agrees that they shall not substitute with any other persons or reduce the level of effort of any of the proposed project team members (as shown on Exhibit B) without the express advance consent of the City. VI. INDEMNIFICATION To the extent permitted by law, Consultant shall indemnify, defend, and hold City, its officers, employees, agents and volunteers harmless from and against any and all liability, loss, damage, causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state or municipal law or ordinance, expense, costs (including without limitation the costs and fees of litigation) of every nature arising out of or connected with the negligent performance of work by Consultant, its officers, employees, agents, volunteers, and subcontractors, under this Agreement, except for any such claim that is the result of negligence or willful misconduct of City, its officers, employees, agents or volunteers. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in California Civil Code §2778. Acceptance of insurance certificates and endorsements required under this agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not insurance policies have been determined to be applicable to any of such damages or claims for damages. VII. INSURANCE For the duration of this Agreement, Consultant shall maintain, in full force and effect, insurance against claims for injury to persons or damage to property, which may arise from or in connection with the performance of the work to be performed by the Consultant, its officers, employees, agents, volunteers, and subcontractors under this Agreement. A. Minimum Scope of Insurance: Coverage shall be at least as broad as: ---PAGE BREAK--- Page 4 of 9 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. 4. Professional Liability Insurance. B. Minimum Limits of Insurance: Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease. 4. Professional Liability: $1,000,000 per claim and in the aggregate. C. Deductibles and Self-Insured Retentions: Any deductible or self-insured retentions must be declared to and approved by City. D. Other Insurance Provisions: The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City of El Cerrito, its elected or appointed officials and employees, are covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired, or borrowed by or on behalf of the Consultant; and with respect to liability arising out of work or operations performed by or on behalf of the Consultant. 2. For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, and employees. Any insurance or self-insurance maintained by the City, its officers, officials, and employees shall be excess of Consultant’s insurance and shall not contribute to it. 3. The insurance provided by this policy shall not be reduced in coverage or limits, cancelled or not renewed except after thirty (30) days written notice has been provided to the City by mail, return receipt requested. Consultant shall notify the City thirty (30) days in advance of any anticipated change in the insurance. ---PAGE BREAK--- Page 5 of 9 E. Acceptability of Insurers: Insurance is to be placed with insurers with a current Best’s rating of A:VII or better at time the Agreement is executed. F. Verification of Coverage: Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City’s forms or a separate owner’s policy, provided those forms or policies are approved by the City and amended to conform to the City’s requirements. All certificates and endorsements are to be received and approved by the City before work commences. Failure to provide these forms within the time period specified by the City may result in termination of this Agreement pursuant to paragraph X below. G. Subcontractors as Insureds: If the City has approved the use of subcontractors, Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. H. Professional Liability Insurance: If Consultant’s professional liability coverage is written on a claims made form: 1. The “Retro Date” must be shown, and must be before the date of the contract or the beginning of the contract work. 2. A copy of the claims reporting requirements must be submitted to the City for review. VIII. INDEPENDENT CONTRACTOR It is expressly understood and agreed by both parties that Consultant, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the City. Consultant expressly warrants not to represent at any time or in any manner, that Consultant is an employee of the City. IX. ASSIGNMENT AND SUBCONTRACTING It is recognized by the parties that a substantial inducement to the City for entering into this Agreement was, and is, the professional reputation and competence of Consultant. Neither this Agreement nor any interest therein may be assigned by Consultant without the prior written approval of the City Manager. Consultant shall not subcontract any portion of the performance contemplated and provided for herein without the prior written approval of the City Manager. X. TERMINATION A. Termination for Convenience: City or Consultant may, at any time, and at their sole discretion, terminate all or any portion of the work to be performed under the terms of this Agreement. This termination shall be accomplished by provision of a written, seven day notice, as provided in Section XVII of this Agreement. ---PAGE BREAK--- Page 6 of 9 B. In the event of such termination by the City, Consultant shall stop work at the stage directed by the City, whereupon Consultant shall be entitled to immediate payment for work performed up to the date of receipt of this written notice of termination. Consultant shall not be entitled to payment for any work performed after the receipt of this notice of termination unless such payment is authorized in advance by the City Manager in writing. C. Termination for Cause: Should Consultant fail to perform any of the obligations required of Consultant within the time and in the manner provided for under the terms of this Agreement, or should Consultant violate any of the terms and conditions of this Agreement, the City may terminate this Agreement by providing Consultant with seven days written notice of such termination. Upon the City’s termination of this Agreement for cause, the City reserves the right to complete the work by whatever means the City deems expedient. Consultant shall pay to City the expense of completing such work, as well as any and all damages to the extent caused by the negligent acts, intentional acts, or errors or omission of Consultant. XI. SUSPENSION OF WORK The City may suspend, in writing, all or a portion of the work under this Agreement if unforeseen circumstances beyond the City’s control make normal progress of the work impossible. XII. REPORTS, PLANS, AND DOCUMENTS All reports, plans, documents, and data prepared by Consultant pursuant to this Agreement shall be endorsed by Consultant and delivered to and become the property of the City. Consultant shall deliver such reports, plans, documents, and data to the City upon the City’s written request. At the City’s request, a copy of the reports, plans, documents, and data shall be provided to the City in an electronic report in such format as the City may require. Consultant may keep file copies of all documents prepared for the City, and may use this information for marketing purposes only. Notwithstanding these and other provisions in this Agreement, Consultant recognizes that the City may provide Consultant with various records, documents, and other materials that are confidential in nature and are not to be shared with or distributed to any other party. Consultant’s sharing or distribution of such confidential documents could result in civil prosecution. XIII. COPYRIGHT AND PATENT Consultant shall execute appropriate documents to assign to the City the copyright and patent to works created pursuant to this Agreement. XIV. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS Consultant shall comply with all applicable Federal, State, and Local laws, statutes, ordinances, rules, and regulations affecting the performance of this Agreement, including without limitation: cost principals set forth in CFR 48, Chapter 1, Part 31; administrative procedures set forth in CFR 49, Part 18; and, laws requiring licensing and non-discrimination in employment because of race, creed, color, sex, age, marital status, physical or mental disability, national origin, or other prohibited bases. Regarding performance of professional services, compliance shall mean compliance with current prevailing professional standard and practices. ---PAGE BREAK--- Page 7 of 9 XV. BUSINESS LICENSE Consultant shall obtain at Consultant’s own expense a valid City business license. This license must remain valid and in effect during the duration of this Agreement. XVI. RETENTION OF RECORDS Consultant shall keep and maintain full and complete documentation and accounting records, employees’ time sheets, and correspondence pertaining to this project, and Consultant shall make such documents and records available for review and/or audit by the City and the City’s representatives at all reasonable times during the contract period and for at least four years from the date of the completion and/or termination of this Agreement. XVII. NOTICES If either party shall desire or be required to give notice to the other, such notice shall be given in writing, via hand-delivery, facsimile, or prepaid U.S. certified or registered postage, addressed to recipient as follows: City: Scott Hanin City Manager 10890 San Pablo Avenue El Cerrito, CA 94530-2392 Fax: (510) 233-5401 Consultant: CA Fax: Any party to this Agreement may change the name or address of representatives for purpose of this Section by providing written notice to all other parties ten (10) business days before the change is effective. XVIII. INTEGRATION This Agreement constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. XIX. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and the City Manager and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the parties to amend the terms and conditions of this Agreement. XX. WAIVER The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. ---PAGE BREAK--- Page 8 of 9 XXI. GOVERNING LAW AND VENUE This Agreement shall be governed under the laws of the State of California. The County of Contra Costa shall be the venue for any litigation between the City and the Consultant arising out of this Agreement. XXII. SEVERABILITY Should any part of this Agreement be declared by a final decision of a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the excised portion, can be reasonably interpreted to give effect to the intentions of the parties. XXIII. REQUIRED FEDERAL CONTRACT PROVISIONS Consultant shall fully comply with all required Federal Contract Provisions as specified in Exhibit C, “Required Federal Contract Provisions.” XXIV. NON-DISCRIMINATION Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. XXV. CONFLICT OF INTEREST Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of the City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition ---PAGE BREAK--- Page 9 of 9 to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. XXVI. ATTORNEY’S FEES If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. IN WITNESS WHEREOF, the parties hereby have executed this Agreement on the day first above written: CITY CONSULTANT Signature Signature Printed Name Printed Name Title Title Date Date APPROVED AS TO FORM: City Attorney ATTEST: City Clerk