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City of El Cerrito I Storm Drain Sediment Removal RFP Due October 7, 2014 City of El Cerrito I Public Works Department I [PHONE REDACTED] Page 1 of 13 CITY OF EL CERRITO REQUEST FOR PROPOSALS TO PROVIDE STORM DRAIN SEDIMENT REMOVAL SERVICES The City of El Cerrito ("City") requests proposals from qualified companies or agencies (“Contractor”) to provide sediment removal services. 1. Services Requested Furnish all necessary materials, equipment, labor, and incidentals as required to perform storm drain sediment removal services in the City as specified in this Request for Proposals (RFP). The details and dimensions of storm drain sections from which sediment is to be removed are included as Attachment 1. 2. Term The storm drain sediment removal services shall commence by November 1, 2014 and shall be completed by January 31, 2015, unless terminated earlier as allowed for in the Draft Agreement included as Attachment 3. 3. Performance Standards Storm drain sediment removal services shall be performed in accordance with accepted standards for routine storm drain sediment removal services. 4. Proposal Format Proposals are to be submitted in envelopes clearly marked with the Contractor's name, address and phone number. Proposal packages including five copies of the proposal are to be submitted to the City on or before October 7, 2014 by 5 p.m. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Yvetteh Ortiz, Public Works Director City of El Cerrito 10890 San Pablo Avenue El Cerrito, CA 94530 5. Selection Process It is the City's intent to select the Contractor with the best combination of qualifications and cost proposal. The proposals received by the City will be reviewed by a Selection Committee comprised of City staff. The Committee will rank the proposals for agreement negotiations based upon the materials submitted by the proposing Contractors. The Committee may choose to interview two or more closely-ranked Contractors, but will not expect or schedule time for elaborate presentations. Contractors are encouraged to keep their proposals brief and relevant to the specific work required. The City will open agreement negotiations with the top ranked Contractor. The successful Contractor will be expected to enter into the attached Professional Services Agreement (Attachment Proposals shall include the following items submitted in five complete copies: ---PAGE BREAK--- City of El Cerrito I Storm Drain Sediment Removal RFP Due October 7, 2014 City of El Cerrito I Public Works Department I [PHONE REDACTED] Page 2 of 13 a. Cover Letter i. The name, address and phone number of the Contractor's contact person for the remainder of the selection process. ii. Any qualifying statements or comments regarding the proposal, the information responsive to the criteria specified in the request for proposal for storm drain sediment removal services and the proposed Agreement. iii. Proof of commercial general and automobile liability insurance, as specified in Section 11 "Insurance" of the attached Agreement. iv. Identification of subcontractors and their responsibilities. b. Statement of Qualifications i. A listing of proposed project personnel, including personal experiences and individual resumes for prime contractors and sub- contractors. ii. Contractor's and subcontractor’s experience with similar work, including names and current phone numbers of reference for existing and past clients. iii. A listing of proposed project equipment. iv. A listing of any relevant certifications, permits, or licenses for personnel, equipment, or the Contractor. c. Cost i. The Contractor is to submit a detailed cost proposal for all services and materials anticipated in completing the project using the forms provided in Attachment 2. 6. Questions Questions about this Request for Proposals should be submitted to Garth Schultz, Operations + Environmental Services Division Manager via email to [EMAIL REDACTED] ---PAGE BREAK--- City of El Cerrito I Storm Drain Sediment Removal RFP Due October 7, 2014 City of El Cerrito I Public Works Department I [PHONE REDACTED] Page 3 of 13 ATTACHMENT 1 Technical Specifications Remove sediment and debris from the storm drain sections described below, totaling approximately 135 cubic yards. Provide all necessary materials, equipment, labor, traffic control and incidentals as required to perform storm drain sediment removal services in the City as specified in this Request for Proposals (RFP), and haul and dump all sediment and debris at a designated disposal facility (see Attachment 2 for more details). Please note that pink, purple, and blue sections on the following Map are not intended to be included as part of the scope of work for this RFP. Storm Drain Section # (see following map for details) From (approx. location of manhole) To (approx. location of manhole) Storm Drain Dimensions Approx. Linear Feet Approx. Storm Drain Volume (cubic yards) Approx. Sediment Volume (cubic yards) Section #1 Orange 417 Kearney St. Intersect. of Fairmount Ave and San Pablo Ave. 36” concrete pipe 600’ 210 cy 60 cy Storm Drain Section #1 extends from a junction box in front of 417 Kearney St. to San Pablo Ave., via a sweeping bend onto Fairmount Ave. Approximately 200’ of this storm drain section is completely blocked with sediment, gravel, rock, and other debris. Removal of all debris from Section #1 is the priority scope of work for this RFP, and the City may select to complete only this component of the Technical Specifications with the selected Contractor. Section #2 Green 426/30 Kearney St. 417 Kearney St. Two 2’x6.5’ concrete boxes 50’ 50 cy 15 cy Storm Drain Section #2 is a combination of two large concrete boxes underneath Kearney St. These boxes contain approximately 10-12” inches of sediment, gravel, rock and other debris. Removal of all debris from Section #2 is the secondary scope of work for this RFP. The City may elect not to complete this component of the Technical Specifications with the selected Contractor. Section #3 Red 426/30 Kearney St. 426-30 Lexington Ave. 3’x6’ concrete box 310’ 200 cy 60 cy Storm Drain Section #3 consists of one concrete boxes extending from Kearney St. to Lexington Ave. This box contains approximately 10-12” inches of sediment, gravel, rock and other debris. Removal of all debris from Section #3 is the lowest priority scope of work for this RFP. The City may elect not to complete this component of the Technical Specifications with the selected Contractor. TOTAL 960 Linear feet 460 Cubic yards 135 Cubic Yards Sediment Removal ---PAGE BREAK--- City of El Cerrito I Storm Drain Sediment Removal RFP Due October 7, 2014 City of El Cerrito I Public Works Department I [PHONE REDACTED] Page 4 of 13 Map of Storm Drains for Sediment Removal ---PAGE BREAK--- City of El Cerrito I Storm Drain Sediment Removal RFP Due October 7, 2014 City of El Cerrito I Public Works Department I [PHONE REDACTED] Page 5 of 13 ATTACHMENT 2 Cost Proposal Contractor shall propose costs to haul and dump all sediment and debris to: A) the City’s tipping wall transfer station at 7501 Schmidt Lane, wherein the City will make arrangements for disposal on its own without the Contractors involvement, and; B) a local permitted transfer station, wherein the Contractor will make arrangements for disposal, the costs of which would be borne by the City. Upon receiving and reviewing all proposals, the City will make a determination regarding which disposal option will be utilized. Storm Drain Section # OPTION A: Cost for sediment removal, hauling and tipping at City Transfer Station – For this option, Contractor should propose the cost to haul and dump materials at 7501 Schmidt Lane, El Cerrito. OPTION B: Cost for sediment removal, hauling and tipping at disposal facility – For this option, Contractor should propose the cost to haul and dump materials to a designated disposal facility. Section #1 Section #2 Section #3 TOTAL Adjustments in Scope or Quantity of Work The City reserves the right to increase or decrease quantities of work included by the Technical Specification or to delete entire proposal items from the proposal schedule, either before execution of the agreement or during the agreement term. If related services are desired by City which are not covered by the Technical Specifications or by the hourly rate schedule, the fee shall be negotiated and a written work order issued accordingly by the City. Contractor shall not be entitled to compensation for additional services unless a prior written work order has been executed describing the work and specifying the compensation therefore. Hourly rates for labor to perform work not included in Technical Specifications During the agreement term, City may request Contractor to perform work not listed in the Technical Specifications. The Contractor offers the specified labor categories at the indicated hourly rate for these additional services. Hourly rates shall include all direct and indirect costs. For labor not listed below which is needed to perform additional work, the hourly rate shall be agreed upon between the City and Contractor before additional services are performed. ---PAGE BREAK--- City of El Cerrito I Storm Drain Sediment Removal RFP Due October 7, 2014 City of El Cerrito I Public Works Department I [PHONE REDACTED] Page 6 of 13 HOURLY RATES LABOR CLASSIFICATION STRAIGHT TIME OVERTIME SUNDAY/ HOLIDAY 1. $ $ $ 2. $ $ $ 3. $ $ $ 4. $ $ $ 5. $ $ $ Hourly rates for equipment to perform work not included in Technical Specifications Hourly rates shall include all costs necessary to provide equipment in good working order, including cost of fuel, maintenance, direct and indirect cost, but excluding operating labor costs. For equipment not listed below which is needed to perform additional work, the hourly rate shall be agreed upon between the City and the Contractor before such additional equipment is used. Costs associated with the equipment listed below will not be incurred by the City if required in the performance of the work called out in the Technical Specification. It will only be paid for if specifically requested, required, and previously approved by the City. CLASSIFICATION DESCRIPTION HOURLY RATES OF EQUIPMENT (MODEL, SIZE, ETC.) PER HOUR PER DAY PER WEEK 1. $ $ $ 2. $ $ $ 3. $ $ $ 4. $ $ $ 5. $ $ $ ---PAGE BREAK--- City of El Cerrito I Storm Drain Sediment Removal RFP Due October 7, 2014 City of El Cerrito I Public Works Department I [PHONE REDACTED] Page 7 of 13 ATTACHMENT 3 PROFESSIONAL SERVICES AGREEMENT (SAMPLE) This Agreement (“Agreement”) for professional services is made on 2014, between, the City of El Cerrito, a California municipality (“City”), and a (“Contractor”). 1. Scope of Services. Contractor shall provide to City the professional services described in the Scope of Services, attached hereto as Attachment 1 and incorporated herein (the “Services”). Only the City’s governing body or the City Manager may authorize any change or addition to the Scope of Services specified in this Agreement. 2. Term. This Agreement shall become effective on October 2014, and shall terminate on January 31, 2015 unless terminated sooner in accordance with Section 13 of this Agreement. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance. 3. Compensation. For the full and satisfactory completion of the Services, City shall compensate Contractor in an amount not to exceed without prior written authorization by City. Contractor’s Cost Proposal is attached hereto as Attachment 2 and incorporated herein. 4. Allowable Reimbursable Expenses. City shall compensate Contractor for the following Allowable Reimbursable Expenses at the following rate(s), not to exceed a total of zero Dollars without prior written authorization: Allowable Reimbursable Expense: Rate: 5. Payment. City shall pay Contractor for services satisfactorily provided during each calendar month within thirty (30) days following City’s receipt and approval of a detailed invoice. The invoice must include, at a minimum: 5.1 A description of the specific Services provided, 5.2 the name of the individual providing the Services, 5.3 the date(s) upon which the Services were provided, 5.4 the time spent providing the Services, 5.5 the amount due for the Services and the basis for calculating the amount due, and 5.6 an itemized summary of Allowable Reimbursable Expenses. 6. Independent Contractor. The parties agree that Contractor shall act as an independent Contractor under this Agreement and shall have control of its work and the manner in which it is ---PAGE BREAK--- City of El Cerrito I Storm Drain Sediment Removal RFP Due October 7, 2014 City of El Cerrito I Public Works Department I [PHONE REDACTED] Page 8 of 13 performed. Contractor is not an employee of City and is not entitled to participate in any health, retirement, or similar employee benefits from the City. 7. Contractor’s Warranties. 7.1 Contractor warrants that all Services provided under this Agreement shall be performed in accordance with generally accepted professional practices and standards for Contractor’s profession in the state. 7.2 Contractor warrants that all Services provided under this Agreement shall be performed in accordance with applicable federal, state, and local laws and regulations, including, but not limited to, conflict of interest laws. 7.3 Contractor warrants that Contractor has no present interest which would conflict in any manner with the performance of Services on the City’s behalf. 8. Notice. Any notice, billing, or payment required by this Agreement must be made in writing, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, facsimile, or by e-mail as a .pdf (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party shall be given as follows: City: Contractor: City of El Cerrito Contractor Name 10890 San Pablo Ave. Address El Cerrito, CA 94530 City, State, Zip Ph: [PHONE REDACTED] Ph: Fax: [PHONE REDACTED] Fax: Attention: Garth Schultz Attention: Title: Operations Manager Title 9. Indemnity. The terms and conditions set forth in subsection 9.1., below, are applicable to this Agreement if the Services to be provided by Contractor are not “design professional” services as used and defined in Civil Code section 2782.8. The terms and conditions set forth in subsection 9.2., below, are applicable to this Agreement if the Services to be provided by Contractor are “design professional” services as used and defined in Civil Code section 2782.8. 9.1 To the full extent permitted by law, Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless to the full extent permitted by law, City, its governing body, officers, agents, employees, and volunteers from and against any and all liability, demands, loss, damage, claims, settlements, expenses, and costs (including, without limitation, attorney fees, expert witness fees, and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s acts or omissions with respect to this Agreement, except such Liability caused by the active negligence, sole negligence, or willful misconduct of the City. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance coverage limits, and shall survive the expiration or early termination of this Agreement. This subsection 9.1 does not apply if the Services to be provided under this ---PAGE BREAK--- City of El Cerrito I Storm Drain Sediment Removal RFP Due October 7, 2014 City of El Cerrito I Public Works Department I [PHONE REDACTED] Page 9 of 13 agreement are design professional services provided by a licensed architect, landscape architect, professional engineer, or professional land surveyor. 9.2 To the full extent permitted by law, Contractor shall indemnify, defend, and hold harmless City, its governing body, officers, agents, employees, and volunteers from and against any and all liability, loss, damage, claims, expenses and costs (including, without limitation to, attorney fees and costs and fees of litigation) (collectively, “Liability”) of every nature which arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of Contractor in the performance of this Agreement, except such Liability caused by the active negligence, sole negligence or willful misconduct of City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor or its agents or employees under Workers’ Compensation acts, disability benefits acts, or other employee benefit acts. This indemnification obligation is not limited by any limitation on the amount or type of damages available under any applicable insurance coverage and shall survive the expiration or early termination of this Agreement with respect to Liability arising during the term of the Agreement. This subsection 9.2 is applicable if the Services to be provided under this agreement are design professional services provided by a licensed architect, landscape architect, professional engineer, or professional land surveyor. 10. Prevailing Wages. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code must be paid to all workers engaged in performing the Work. In accordance with California Labor Code Section 1770 and following, the Director of Industrial Relations has determined the general prevailing wage per diem rates for the locality in which the Work is to be performed. In accordance with California Labor Code Section 1773, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the project. In accordance with California Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at the City Public Works Department and will be made available on request. Throughout the performance of the Work the Contractor must comply with all provisions of the Contract Documents and all applicable laws and regulations that apply to wages earned in performance of the Work. 11. Insurance. Before providing any services under this Agreement, Contractor shall be required to procure and provide proof of the insurance coverage required by this section in the form of certificates and endorsements. The required insurance must cover the activities of Contractor and its employees or subcontractors relating to or arising from the performance of services under this Agreement, and must remain in full force and effect at all times during the term of the Agreement. All required insurance must be issued by an insurer licensed to do business in the State of California, and each such insurer must have an A.M. Best financial strength rating of or better and a financial size rating of “VIII” or better. If Contractor fails to provide any of the required coverage, City may, at its sole discretion, purchase such coverage at Contractor’s expense and deduct the cost from payments due to Contractor. 11.1 The following insurance policies and limits are required for this Agreement: ---PAGE BREAK--- City of El Cerrito I Storm Drain Sediment Removal RFP Due October 7, 2014 City of El Cerrito I Public Works Department I [PHONE REDACTED] Page 10 of 13 11.1.1 Commercial General Liability Insurance The CGL policy shall be issued on an occurrence basis, written on a comprehensive general liability form, and shall include coverage for liability arising from Contractor’s acts or omissions in the performance of services under this Agreement with limits of at least one million dollars ($1,000,000.00) per occurrence. The CGL policy must name City as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and must protect City, its officers, employees, and agents against any and all liability for personal injury, death, or property damage or destruction arising directly or indirectly in the performance of the Agreement. The CGL coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth herein. 11.1.2 Automobile Insurance. The automobile liability insurance shall cover bodily injury and property damage in an amount no less than one million dollars ($1,000,000.00) combined single limit for each occurrence, including owned, hired, and non-owned vehicles. 11.1.3 Workers’ Compensation Insurance and Employer’s Liability. The policy must comply with the requirements of the California Workers’ Compensation Insurance and Safety Act, with limits of at least one million dollars ($1,000,000.00). If Contractor is self-insured, Contractor shall provide its Certificate of Permission to Self-Insure, duly authorized by the Department of Industrial Relations. 11.2 Each certificate of insurance must state that the coverage afforded by the policy or policies shall not be reduced, cancelled or allowed to expire without at least thirty (30) days written notice to City, unless due to non-payment of premiums, in which case at least ten (10) days written notice shall be made to City. 11.3 Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation it may have against City. 11.4 The CGL policy must include the following endorsements: 11.4.1 The inclusion of more than one insured shall not operate to impair the rights of one insured against another, and the coverage afforded shall apply as though separate policies have been issued to each insured. 11.4.2 The insurance provided is primary and no insurance held or owned by City shall be called upon to contribute to a loss. 12. Dispute Resolution. In the event that any dispute arises between the parties in relation to this Agreement, the parties agree to meet face to face as soon as possible to engage in a good faith effort to resolve the matter informally. In the event that any dispute arises between the parties in relation to this Agreement, and the dispute is not resolved by informal discussions, the parties agree to submit the dispute to mediation. 12.1 Either party may give written notice to the other party of a request to submit a dispute to mediation, and a mediation session must take place within sixty (60) days after the date that such notice is given, or sooner if reasonably practicable. The parties shall ---PAGE BREAK--- City of El Cerrito I Storm Drain Sediment Removal RFP Due October 7, 2014 City of El Cerrito I Public Works Department I [PHONE REDACTED] Page 11 of 13 jointly appoint a mutually acceptable mediator. The parties further agree to share equally the costs of the mediation, except costs incurred by each party for representation by legal counsel. 12.2 Good faith participation in mediation pursuant to this Section is a condition precedent to either party commencing litigation in relation to the dispute. 13. Early Termination. 13.1 Termination for Convenience. City may terminate this Agreement for convenience by giving thirty (30) calendar days written notice to Contractor. In the event City elects to terminate the Agreement without cause, it shall pay Contractor for services satisfactorily provided up to that date. 13.2 Termination for Cause. If either party breaches this Agreement by failing to timely or satisfactorily perform any of its obligations or otherwise violates the terms of this Agreement, the other party may terminate this Agreement by giving written notice thirty (30) calendar days prior to the effective date of termination, specifying the reason and the effective date of the termination. Contractor shall be entitled to payment for all services satisfactorily provided up to the effective date of termination, except that the City may deduct from that payment the amount of costs the City incurred, if any, because of Contractor’s breach of the Agreement. 14. Work Product. City shall be the sole owner of all rights to any work product in any form which has been prepared by Contractor on City’s behalf pursuant to this Agreement, unless otherwise specified in writing by the parties. 15. General Provisions. 15.1 Assignment and Successors. Neither party may transfer or assign its rights or obligations under this Agreement, in part or in whole, without the other party’s prior written consent. This Agreement is binding on the heirs, successors, and permitted assigns of the parties hereto. 15.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Agreement. 15.3 Nondiscrimination. Contractor shall comply with all applicable federal, state and local laws, rules and regulations regarding nondiscrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition, disability, or other prohibited basis. All nondiscrimination rules or regulations required by law to be included in this Agreement are incorporated by this reference. 15.4 Choice of Law and Venue. This Agreement shall be governed by California law, and venue shall be in the Superior Court for the county in which City is located, and no other place. 15.5 Severability. If any provision of this Agreement is determined to be illegal, invalid, or unenforceable, in part or in whole, the remaining provisions, or portions of the Agreement shall remain in full force and effect. ---PAGE BREAK--- City of El Cerrito I Storm Drain Sediment Removal RFP Due October 7, 2014 City of El Cerrito I Public Works Department I [PHONE REDACTED] Page 12 of 13 15.6 Amendment. No amendment or modification of this Agreement shall be binding unless it is in a writing duly authorized and signed by the parties to this Agreement. 15.7 Provisions Deemed Inserted. Every provision of law required to be inserted in this Agreement shall be deemed to be inserted, and this Agreement shall be construed and enforced as though included. If it is discovered that through mistake or otherwise that any required provision is not inserted, or not correctly inserted, this Agreement shall be amended to make the insertion or correction. 15.8 Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties regarding the subject matter of this Agreement and supersedes all prior written or oral understandings or agreements of the parties. 15.9 Attachments. If any provision in any attachment to this Agreement conflicts with or is inconsistent with the provisions set forth in the body of this Agreement, the provisions set forth in the body of this Agreement shall control over the conflicting or inconsistent provisions in the attachment. 15.10 Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 15.11 Force Majeure. If either party is delayed or hindered in or prevented from the performance of any act required hereunder because of strikes, lockouts, inability to procure labor or materials, failure of power, riots, insurrection, war, fire or other casualty, or other reason beyond the reasonable control of the party delayed, excluding financial inability (“Force Majeure Event”), performance of that act shall be excused for the period during which the Force Majeure Event prevents such performance, and the period for that performance shall be extended for an equivalent period. Delays or failures to perform resulting from lack of funds shall not be Force Majeure Events. 15.12 Headings. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision in this Agreement nor affect any of the rights or obligations of the parties to this Agreement. 15.13 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. 15.14 Authorization. Each individual executing this Agreement, or its counterpart, on behalf of the respective party, warrants that he/she is authorized to do so and that this Agreement constitutes the legally binding obligation of the entity which he/she represents. As to those Parties that are corporations, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313. The parties agree to this Agreement as witnessed by the signatures below: ---PAGE BREAK--- City of El Cerrito I Storm Drain Sediment Removal RFP Due October 7, 2014 City of El Cerrito I Public Works Department I [PHONE REDACTED] Page 13 of 13 City of El Cerrito Scott Hanin, City Manager Date: 2014 CONTRACTOR Date: 2014 APPROVED AS TO FORM: Sky Woodruff, City Attorney Date: 2014 ATTEST: Cheryl Morse, City Clerk Date: 2014 Attachments: Attachment 1 Request for Proposal and Technical Specifications Attachment 2 Contractor’s Cost Proposal Attachment 3 El Cerrito Business License Attachment 4 Proof of Insurance and Additional Insured Endorsement