S:\26 - ENGINEERING\Annual Contracts\Construction management services\RFQ.docx Request for Qualifications (RFQ)
Construction Management and Inspection Services
City of Bakersfield Water Department
Bakersfield, California
May 5, 2026
Firms wishing to be considered for this project should thoroughly read this RFQ.
I. GENERAL DESCRIPTION AND REQUIREMENTS
The City of Bakersfield Water Department (“City”) desires to qualify one or more firms (“Manager”) which will provide the City with construction management and inspection services for water and wastewater projects on a project -to-project basis, as required by the City . Depending on the level of experience and expertise required for each assignment, City reserves the right to select one qualified applicant per project or one qualified applicant for multiple projects.
The selected Manager(s) will provide construction management and inspection services for a variety of water and wastewater Capital Improvement Projects (“Projects”) undertaken by the Water Department. This RFQ is intended to establish a pool of qualified firms to supplement the City’s existing on- call consultant library and to provide additional flexibility in procuring construction management and inspection services.
Projects may include, but are not limited to, the following types of work:
• Domestic water infrastructure, including groundwater wells, well pump stations, booster stations, storage tanks, pipelines, and associated appurtenances
• Water treatment facilities, including systems for PFAS, TCP, arsenic, iron and manganese, and other regulatory-driven treatment processes
• Groundwater recharge and agricultural water facilities , including basins, weirs, turnout structures, conveyance systems, and related infrastructure
• Wastewater infrastructure , including collection systems, lift stations, and treatment -related improvements
• General civil and utility infrastructure supporting water operations
The scope, size, and complexity of Projects may vary and may include new construction, rehabilitation, expansion, or replacement of existing facilities.
The City desires to enter into agreements with one or multiple firms (“Manager”) to provide construction management and inspection services for upcoming Projects. The Manager(s) shall have extensive documented experience in providing construction management and inspection services for municipal infrastructure projects, with an emphasis on water and wastewater systems.
Assignment of Projects will be based on factors including, but not limited to, the Manager’s qualifications, relevant experience, past performance, availability, and responsiveness to the City’s needs.
Compensation to the Manager under the agreement will be made by the City on a project -specific basis.
State of California prevailing wage rates shall apply to portions of Manager’s work depending on the type of work performed.
Manager(s) shall be responsible for compliance with all applicable laws, including, but not limited to, the Labor Code, Public Contract Code, and Government Code of the State of California. The City makes no representation as to the applicability or inapplicability of any laws regarding contracts, including the payment RFQ – Construction Management and Inspection Services for City of Bakersfield Water Department Page 2 of 10
S:\26 - ENGINEERING\Annual Contracts\Construction management services\RFQ of prevailing wages. Manager(s) shall not hold or seek to hold the City liable for any failure to comply with such laws.
For the purpose of this project, the following definitions shall apply:
• CITY is the City of Bakersfield, Water Department.
• PROJECT is the Construction of future CITY capital improvement projects. • PROPOSER is a firm which provides a submittal in response to this RFQ. • MANAGER is the firm hired by City to provide the services described in this RFQ. • CONTRACTOR is the firm hired by City to construct the Project. • ENGINEER is the design consultant hired by City to design the Project. • LOCAL REGULATORY AGENCY refers to all Divisions and Departments of the City of Bakersfield that are charged with the oversight of this type of work.
II. PROJECT ASSIGNMENT AND FEE PROPOSAL
In the event that City qualifies more than one company, assignment of projects may be based on the qualifications, expertise, availability, and past performance of the company as presented in their SOQ.
When a specific project is identified, City will issue to Manager a Request for Fee Proposal (RFP) providing the scope of work, schedule requirements, and any project-specific conditions. Manager shall prepare and submit a fee proposal and schedule for Cit y review. Failure to respond in a timely manner may result in removal from consideration for that project and/or future assignments.
Manager’s fee proposal shall be prepared in accordance with the RFP. Unless otherwise specified, proposals shall be on a time and materials basis with a not-to-exceed amount, in accordance with Manager’s Rate Schedule (Hourly Billing Rates). The proposal s hall include estimated hours by staff, billing rates, reimbursable expenses, total cost, and project schedule.
Upon acceptance, City will enter into an agreement or issue a task order, as applicable, and issue a Notice to Proceed. If City and Manager are unable to agree on the proposal, or if Manager cannot meet project requirements, City may reject the proposal and request one from another qualified Manager.
City reserves the right to issue RFPs to any qualified Manager and is not obligated to select in any specific order.
Under emergency conditions, Manager may be authorized to proceed prior to fee approval and shall proceed at risk until approved by City.
III. COMPENSATION
Total compensation paid by City during the term of the agreement(s) for construction management and inspection services as described in this RFQ shall be negotiated.
Manager shall electronically send PDF invoices to City . For long duration projects, invoices may be submitted on a monthly basis for the work performed. For short duration projects, a single invoice may be submitted at the completion of the work. The invoices shall be in accordance with Manager’s fee proposal and shall be accompanied with a report itemizing the work completed in that period. The report shall include a description of activities performed, an estimate of the percentage of work completed (if submitted monthly), and a summary of any problems encountered.
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S:\26 - ENGINEERING\Annual Contracts\Construction management services\RFQ No compensation above the proposed not-to-exceed amount as specified in Manager’s fee proposal will be made to Manager unless a revised fee proposal , along with written justification of increasing the not -to- exceed amount, has been submitted to and accepted by City.
IV. SERVICES TO BE PROVIDED BY MANAGER (SCOPE OF WORK)
A. Project Management – Manager shall perform management tasks including, but not limited to, scheduling and coordinating, project and budget oversight, preconstruction meetings, weekly construction status update meetings, managing and maintaining constructio n documents (including meeting minutes), and act as point of contact for all communications and interaction between City, Contractor, and Engineer.
B. Submittals and RFIs – Manager shall coordinate and oversee submittals and RFIs. Manager shall receive submittals and RFIs from Contractor and route to Engineer for review. Manager shall receive reviewed submittals and RFIs from Engineer and route to Contractor. Manager shall maintain organized and detailed records of all submittals and RFIs. At completion of Project, Manager shall deliver to City organized documentation of submittals and RFIs.
C. Construction Inspection – Manager shall provide daily construction inspection services for all aspects of the Project. Depending on work being performed during a particular day, Manager shall anticipate four (4) to eight (8) working hours of inspection per working day. Manager shall provide, in general, the following inspection services:
• Oversee quality control and equipment testing;
• Confirm all materials adhere to the project plans and specifications and the approved submittals; • Review all certificates of inspections and tests;
• Oversee laboratory testing activities and special inspection activities; • Confirm Contractor is in compliance with all safety regulations; • Verify construction is in conformance with the project plans and specifications; and • Maintain daily inspection and construction reports. Daily reports shall be delivered to City on weekly intervals.
D. Change Orders – Manager shall review proposed change orders and provide recommendation to City.
Contract change orders shall be prepared by Manager in City’s format and shall be approved and processed by City.
E. Progress Payments – Manager shall review Contractor’s pay requests and provide recommendation to City. Progress payments (pay estimates) shall be prepared and certified by Manager in City’s format and shall be approved and processed by City.
F. Certified Payroll – Manager shall maintain records to ensure Equal Employment Opportunity (EEO) requirements are performed and documented and shall check certified payrolls against daily diaries and prevailing wages.
G. Permits – Manager shall verify and review all Federal, State, and local permits required for the Project.
Manager shall ensure all permits are properly completed and obtained by Contractor. City shall be notified immediately of any outstanding permits.
H. Startup and Testing – Manager shall coordinate and document equipment startup and testing with City, Contractor, and Cal Water.
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S:\26 - ENGINEERING\Annual Contracts\Construction management services\RFQ I. Punch List Walkthrough – Manager shall coordinate a punch list walkthrough of the Project with City and Contractor and shall prepare a punch list of outstanding items. Manager shall provide punch list to Contractor.
J. Final Inspection and Approval – After completion of punch list items by Contractor, Manager shall coordinate a final inspection to verify punch list items have been completed. Upon satisfaction of Manager that punch list items have been completed, Manager shall give final approval and shall record date as the beginning of the warranty period.
K. Record Drawings – Manager shall coordinate with Engineer and City the preparation of record drawings and close-out documentation.
L. Final Deliverables – At completion of the Project, Manager shall submit a project file containing copies of all pertinent correspondences, memorandums, calculations, pictures, reports, submittals, RFIs and all other data developed during the Project.
M. Responsibility Matrix – The following table is not intended to be all inclusive and displays the primary and secondary tasks to be performed by City, Manager, Contractor, Engineer, and Cal Water. CalWater will not be considered part of the matrix for agricultural water facilities projects.
CONSTRUCTION CONTRACT ADMINISTRATION AND
INSPECTION RESPONSIBILITY MATRIX
P=Primary Responsibility, S=Secondary Responsibility
Tasks (Work Elements)
City Manager Contractor Engineer Cal
Water
Conduct/attend preconstruction meeting and review
construction plans and specifications S P S S S
Issue Notice to Proceed S P
Conduct/attend weekly meetings S P S
Prepare and distribute all meeting minutes P
Prepare detailed construction schedule P
Review and approve construction schedule S P
Monitor construction schedule P P
Collect, process, and distribute RFI’s and maintain
RFI Logs P S
Respond to RFI’s S S P S
Prepare submittals for review P
Distribute submittals for review P
Review submittals S S P S
Maintain submittal log P P
Perform daily inspection of the project construction P RFQ – Construction Management and Inspection Services for City of Bakersfield Water Department Page 5 of 10
S:\26 - ENGINEERING\Annual Contracts\Construction management services\RFQ
CONSTRUCTION CONTRACT ADMINISTRATION AND
INSPECTION RESPONSIBILITY MATRIX
P=Primary Responsibility, S=Secondary Responsibility
Tasks (Work Elements)
City Manager Contractor Engineer Cal
Water
Maintain daily inspection logs, including men and
materials, and submit to City weekly P
Prepare weekly statements of working days and
submit to City weekly P
Maintain field files and construction documents P S
Maintain correspondence log P
Determine compliance with construction plans and
specifications S P S
Coordinate and review material and laboratory
testing S P S S S
Perform material and laboratory testing P S
Provide construction survey staking P S
Prepare formal letters to Contractor S P S
Prepare change orders P S S
Review and process change orders P S S
Review Contractor pay requests S P
Provide payment for Contractor pay requests P
Maintain and review certified payroll P P
Obtain all necessary permits for construction P
Review construction permits P S
Perform punch list walkthrough S P P S S
Prepare punch list S P S
Perform final project inspection S P P S S
Maintain records of field changes P P S
Prepare record drawings S S P
Review record drawings S P
V. SCHEDULE
Manager shall execute the work as described in this RFQ in a timely manner and in accordance with the approved construction schedule. Failure to do so may result in termination of the agreement.
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S:\26 - ENGINEERING\Annual Contracts\Construction management services\RFQ VI. MANAGER’S TEAM
This invitation is open only to firms with staffed offices within the Bakersfield Metropolitan Area.
The work per this RFQ shall be performed by qualified staff that work in the local office and are familiar with City standards and requirements.
Manager’s staff working on this project shall be qualified professional staff and shall have the necessary experience, expertise, and licenses to perform and satisfy all the requirements as described in this RFQ.
At a minimum, Manager’s team shall include the following:
A. Principal(s) of the firm acting as project manager to direct and oversee the Scope of Work. Principal(s) shall be a California Registered Civil Engineer.
B. Qualified key person(s) to perform the Scope of Work.
City does not require nor expect Manager to have subconsultants on their team to provide specialty services. (Neither the inclusion nor exclusion of specialty service subconsultants in their team will be considered in the evaluation of Proposer. However, the Proposer’s team must have appropriate staff to provide the services described in this RFQ.) In the event that specialty services are required, City will work with the Manager to secure those services as a reimbursable expense.
VII. SUBMITTAL REQUIREMENTS
Proposers must include in their submittal package the following items:
• T HREE (3) copies of the Proposer’s SOQ (refer to Section VIII – Statement of Qualifications), including a statement of insurance coverage signed by Proposer. SOQ shall not exceed fifteen (15) pages.
Resumes are not included in the fifteen (15) page maximum. • One (1) signed copy of the “General Information Sheet” (refer to Attachment RFQ-1) • One (1) signed copy of the sample agreement (refer to Section X – Contract Documents and
Attachment RFQ-2)
T
he submittal items must be placed into a sealed envelope bearing Proposer’s name and the words:
Statement of Qualifications for
Construction Management and Inspections Services for
City of Bakersfield, Water Department
Bakersfield, California
Before 3:00 p.m. on Tuesday, May 26, 2026, the submittal package must be delivered to:
Attn: Fernando Montes, Civil Engineer IV
City of Bakersfield
Water Department
1000 Buena Vista Road
Bakersfield, California 93311
City assumes no responsibility for non- receipt of submittal packages due to any delay including, but not limited to, carrier delay. It is Proposer's responsibility to meet the deadline stated above.
Submittals that do not contain the required number of copies and all of the information requested in this RFQ may be considered non-responsive and rejected without evaluation.
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S:\26 - ENGINEERING\Annual Contracts\Construction management services\RFQ Submittals received after the deadline or at the wrong location may be considered non- responsive. Fax or e-mail copies will not be accepted. All submittals become the property of the City of Bakersfield and will not be returned.
VIII. STATEMENT OF QUALIFICATIONS
All interested firms shall submit three copies of their Statement of Qualifications (SOQ), which shall not exceed fifteen (15) pages, with exception to resumes, and shall contain at a minimum the following information:
A. Name, experience, and resume of Proposer’s Principal(s) who will act as project manager to direct and oversee the Scope of Work.
B. Name, experience, and resume of Proposer’s Key Person(s) who will perform the Scope of Work.
C. A list of current projects, including the amount of Proposer’s resources allocated to those projects and the completion date of Proposer’s work at that level of allocation.
D. A list of comparable projects on which Proposer has been involved during the past five (5) years. The list should include at least four (4) different clients and should provide the following information for each project:
1. Project title, location and description including size of the project;
2. Nature of Proposer’s responsibility;
3. Start and end dates of Proposer’s involvement in the project;
4. Names of Proposer’s key personnel involved in the project;
5. Total dollar amount of Proposer’s contract;
6. Name, address, and phone number of the project owner;
7. Name and address of Proposer’s client if different from the project owner; and
8. Name and phone number of contact person at Proposer’s client's office.
E. A statement of why Proposer believes it should be selected, including the management and technical approach of Proposer to ensure the Project is completed on-time and within budget.
F. A list of Proposer’s claims history in the last five (5) years in accordance with the following:
1. List all claims, demands for arbitration and/or law suits filed by Proposer, predecessor companies, or company officers against project owners or their agents. This list shall include the following information for each claim:
a. Name of project owner;
b. Project completion date;
c. Basis for claim;
d. Claim or suit amount;
e. Current status; and
f. Award or Settlement amount.
2. List all claims, demands for arbitration and/or law suits filed by project owners, their agents, or subcontractors against Proposer, predecessor companies, its agents or bonding company in connection with Proposer, its officers, its agents or bonding compa ny. This list shall include the following information for each claim:
a. Name of project owner;
b. Project completion date;
c. Basis for claim;
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S:\26 - ENGINEERING\Annual Contracts\Construction management services\RFQ d. Claim or suit amount;
e. Current status; and
f. Award or Settlement amount.
G. A statement of Proposer's current insurance coverage signed by Proposer. Do not submit a certificate of insurance in lieu of this statement . City requires a minimum of One Million Dollars ($1,000,000) Professional Liability Insurance, Automobile Liability Insurance, General Liability Insurance, and Workers’ Compensation Insurance. If the current coverage does not meet City’s minimum requirements, a statement of Proposer's ability and intent to obtain the required coverage must be included.
H. Additional information Proposer deems necessary for City to complete its evaluation of Proposer based on the criteria described in Section IX – Selection of Manager.
IX. SELECTION OF MANAGER(S)
Proposer shall provide verifiable evidence in their submittal demonstrating that they have considerable current and past experience in providing the services necessary for the Project as described in this RFQ.
Manager(s) will be qualified based on City's evaluation of Proposer’s SOQ and the items listed below. In no particular order, the following items shall be used for evaluation:
A. The qualifications and experience of Proposer’s Principal(s).
B. The qualifications and experience of Proposer’s Key Person(s) C. The availability of Proposer to provide construction management and inspection services and to perform them within the required time frames.
D. The Proposer's ability to relate to Project requirements.
E. Proposer’s submittal and subjective statements.
F. Proposer’s experience and past performance on comparable projects for the City and other governmental agencies.
After reviewing Proposers’ submittals, City will determine which firms are qualified and develop a short list of firms to be considered. Once final design of the Projects near completion and construction bidding of the Project becomes eminent, City will select the firm that they feel has the qualifications and expertise needed for the specific project and begin fee negotiations for an agreement. If an agreement is not reached with the City selected firm City will begin negotiations with another qualified firm on the list and will continue the process until an agreement is reached. At no time will City reenter negotiations with a firm when negotiations have been terminated.
City will not enter into an agreement for construction management and inspection services for the Project with any firm involved in the design of the Project, or a firm proposing to use the design consultant as a sub- consultant.
X. SOLICITATION CAVEAT
Proposer and its subconsultants understand and agree that City shall have no financial responsibility for any costs incurred by Proposer and its subconsultants in responding to this RFQ and City shall not be liable for any of Proposer's or its subconsultants' costs attributed to their own study and investigation in regards to this RFQ. City shall also have no financial responsibility for any costs incurred by Manager until Manager has executed an agreement with City and has been authorized in writing to proceed. City reserves the right to terminate this RFQ at any time.
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S:\26 - ENGINEERING\Annual Contracts\Construction management services\RFQ The submission of a proposal shall be conclusive evidence that Proposer and its subconsultants have investigated and satisfied themselves as to the conditions to be encountered; the character, quality, and scope of work to be performed; and any municipal and ordinance requirements of the City of Bakersfield.
As outlined in Clause 17 – Compliance with All Laws of the CONSTRUCTION MANAGEMENT AGREEMENT, once final selection occurs Manager will need to obtain a City of Bakersfield business tax certificate prior to execution of an agreement with City.
XI. CONTRACT DOCUMENTS
A sample copy of the City’s CONSTRUCTION MANAGEMENT AGREEMENT is included with this RFQ as Attachment RFQ-2. Please review the agreement carefully. This is the agreement Manager will be expected to execute without alteration.
An officer of Proposer must sign and return the “Sample Agreement Acceptance” clause located on the last page of the agreement and return the sample CONSTRUCTION MANAGEMENT AGREEMENT included in this RFQ with Proposer’s submittal package. The clause states:
“I have received and reviewed the sample CONSTRUCTION MANAGEMENT AGREEMENT including the INDEMNITY clause, which was included in the City’s RFQ. My signature below shall signify our firm’s acceptance of said agreement if our firm is selected for awarding a contract for this project as described in said RFQ. This acceptance is made with the understanding that the “COMPENSATION” and “TERM” clauses will be modified or created to contain the amounts and dates established for this agreement.”
The signature indicates that Proposer accepts the clauses of the agreement, including the indemnity clause, as stated on the enclosed sample copy of the City's agreement, with the exception that the "COMPENSATION" and “TERM” clauses and other blanks where appropriate will be modified. Failure to execute the agreement without alteration may result in the rejection of Proposer's submittal and retaining of a different Proposer by City.
City will not approve Proposer's requested modifications to the insurance clause nor the indemnity clause of this agreement. At the time of agreement execution, Manager will be required to provide evidence of insurance coverage (Certificates of Insurance) as specified in the agreement.
XII. CONTACTS AT THE CITY OF BAKERSFIELD
All questions concerning this RFQ, City's review and evaluation of the submittal packages, and City's selection of Contractor(s) must be submitted in writing on the provided form, at least ten (10) calendar days before the submittal packages are due, to:
Henry Kouyoumdjian, Engineer II
City of Bakersfield
Water Department
Email: [email protected]
XIII. ATTACHMENTS
The following documents are attachments to this RFQ:
• Attachment RFQ-1, General Information Sheet
• Attachment RFQ-2, Sample Agreement
• Attachment RFQ-3, Request for Information Form
Attachment RFQ-1
General Information Sheet
Construction Management and Inspection Services for
City of Bakersfield Water Department
Bakersfield, California
Date: ________________________
Legal Name of Firm: __________________________________________________________________
__________________________________________________________________
Type of Organization: __________________________________________________________________
__________________________________________________________________
If a corporation, state in which the firm is incorporated: _____________________________________
Federal Employer I.D. Number: __________________________________________________________
Street Address: ___________________________________________________________________
___________________________________________________________________
Mailing Address: ___________________________________________________________________
___________________________________________________________________
Email Address: ___________________________________________________________________
Telephone Number: ___________________________________________________________________
Fax Number: ___________________________________________________________________
_____________________________________________________________________________________ Name of Principal-in- Charge, Title, License Number
_____________________________________________________________________________________ Name of Project Manager, Title, License Number
_____________________________________________________________________________________ Signature of Officer of the Firm Title Date Attachment RFQ-2
Attachment RFQ-2 -- Sample Agreement
AGREEMENT NO._________________
CONSTRUCTION MANAGEMENT AGREEMENT
This CONSTRUCTION MANAGEMENT AGREEMENT (“Agreement”) is made and entered into on ______________________, by and between the CITY OF BAKERSFIELD, a chartered City and municipal corporation (referred to herein as “CITY”), and , a [business type: Sole Proprietorship; Partnership; Corporation; LLC; etc.] authorized to conduct business in California (referred to herein as “MANAGER”).
R E C I T A L S
WHEREAS, CITY is undertaking the following project: __________________________ (the “Project”); and
WHEREAS, CITY issued a Request for Qualifications/Request for Proposals (“RFQ/RFP”) for construction management services for the Project, and MANAGER submitted a proposal; and
WHEREAS, MANAGER represents that it is an experienced, well qualified specialist in construction management for roadway projects and that it is competent to undertake, and has an adequate number of properly licensed and experienced employees on its staff to accomplish, the Scope of Work; and
WHEREAS, MANAGER has reviewed the RFQ/RFP and understands what is required to provide appropriate construction management services for the Project as outlined in the Scope of Work ; and
WHEREAS, CITY does not currently have staff resources to provide construction management services for the Project; and
WHEREAS, based on MANAGER’s representations, CITY desires to retain MANAGER to provide construction management services for the Project, as outlined herein; and
WHEREAS, the term MANAGER as used herein includes all officers of any corporation executing this Agreement.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and MANAGER mutually agree as follows:
1. SCOPE OF WORK. MANAGER must competently and thoroughly provide construction management services as described in the RFQ/RFP, attached hereto and incorporated herein as Exhibit A, and as provided in the scope of w ork description prepared by MANAGER, attached hereto and incorporated herein as Exhibit B.
Attachment RFQ-2
Collectively, the RFQ/RFP and the scope of work description are referred to herein as “Scope of Work.” MANAGER’s services must include all the procedures necessary to properly complete the Scope of Work, whether specifically included in the Scope of Work or not.
2. ALLOWABLE COSTS AND PAYMENT PROCEDURE. The method of payment for this Agreement will be based on actual cost plus a fixed fee. CITY will reimburse MANAGER for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead , and other direct costs) incurred by MANAGER in performance of the work. MANAGER will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved MANAGER ’S Cost Proposal, attached hereto and incorporated herein as Exhibit C, unless additional reimbursement is provided for by amendment of the Agreement . In no event will MANAGER be reimbursed for overhead costs at a rate that exceeds CITY’s approved overhead rate set forth in the Cost Proposal. In the event that CITY determines that a change to the work from that specified in the Cost Proposal and Agreement is required, the t ime to perform the obligations of this Agreement or actual costs reimbursable by CITY shall be adjusted by amendment of the Agreement to accommodate the changed work. Notwithstanding anything contrary herein, the total paid for actual costs herein may not exceed $________________.
2.1. In addition to the allowable incurred costs, CITY will pay MANAGER a fixed fee of $________________. The fixed fee is nonadjustable for the term of the Agreement, except in the event of a significant change in the S cope of Work and such adjustment is made by amendment of the Agreement.
2.2. The total amount payable by CITY for performing the Scope of Work, inclusive of actual costs and the fixed fee , shall not exceed $________________ (“Compensation”).
2.3. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.
2.4. When milestone cost estimates are included in the approved Cost Proposal, MANAGER must obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.
2.5. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement.
2.6. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs, upon receipt by and approval of CITY’s Contract Administrator of itemized invoices in triplicate. A pro rata portion of MANAGER’s fixed fee will be included in the monthly progress payments.
Invoices shall be submitted no later than 45 calendar days after the performance of work for which MANAGER is billing. Invoices shall detail the Attachment RFQ-2
work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Agreement number and project title. CITY will withhold a portion of MANAGER’s payment when required by the City of Bakersfield Municipal Code for the time period and purposes set forth therein. If applicable, CITY shall have the right to delay payment or terminate this Agreement in accordance with the provisions herein if MANAGER fails to submit the required deliverable items according to the Scope of Work. Invoices shall be mailed to CITY’s Contract Administrator at the following address:
CITY OF BAKERSFIELD
1600 Truxtun Avenue
Bakersfield, California 93301
2.7. The final invoice must contain the final cost and all credits due to CITY including any equipment purchased under the provisions herein. MANAGER may submit to CITY a final invoice only when all of the following items have occurred: (1) Caltrans approves or rejects the original or revised independent CPA -audited ICR; (2) all work under this Agreement has been completed to CITY’s satisfaction; and, (3) Caltrans has issued its final ICR review letter. MANAGER MUST SUBMIT ITS FINAL INVOICE TO CITY no later than 60 days after occurrence of the last of these items.
2.8. Salary increases will be reimbursable if the new salary is within the salary range identified in the approved Cost Proposal and is approved by CITY’s Contract Administrator. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.
2.9. MANAGER agrees and understands that CITY is relying on reimbursement of a majority of the Compensation from various state and federal programs. If at any time during the duration of this Agreement, such reimbursement ceases to be available due to no fault of CITY, CITY reserves the right to terminate this Agreement.
2.10. CITY reserves the right to reject any work that is inadequate or incomplete without being charged for any extra time or compensation by MANAGER.
2.11. MANAGER must notify CITY when the Scope of Work is 75% complete or when 75% of the budget for the Scope of Work has been expended.
3. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the p erformance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public Attachment RFQ-2
work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contr act Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
4. STATE PREVAILING WAGE RATES.
4.1.1. MANAGER shall comply with the State of California’s General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work.
4.1.2. Any subcontract entered into as a result of this contract, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Article, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations.
4.1.3. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov.
5. TIME FOR COMPLETION. MANAGER shall complete all assigned tasks set forth in the Scope of Work no later than _______________________.
6. TERM. This Agreement will terminate upon completion of the Scope of Work or on , whichever is earlier. Should any claims against CITY or MANAGER arising out of the Scope of Work be asserted during the term of this Agreement , CITY and MANAGER may agree to extend the termination date of this Agreement.
7. TERMINATION. CITY reserves the right to terminate this Agreement upon thirty - calendar-days written notice to MANAGER with the reasons for termination stated in the notice.
7.1. CITY may terminate this Agreement with MANAGER should MANAGER fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, CITY may proceed with the work in any manner deemed proper by CITY. If CITY terminates this Agreement with MANAGER, CITY shall pay MANAGER the sum due to MANAGER under this Agreement prior to termination, unless the cost of completion to CITY exceeds the funds remaining in the Agreement . In which case, the overage sha ll be deducted from any sum due MANAGER under this Agreement and the balance, if any, shall be paid to MANAGER upon demand.
Attachment RFQ-2
7.2. If the Agreement is terminated for CITY’s convenience, MANAGER will be paid for completed work and for termination costs. Termination settlement expenses will be reimbursed in accordance with 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31. Subpart 31. 205-42 (c) dealing with initial costs is not applicable to architectural and engineering agreement terminations.
8. CONTRACT ADMINISTRATOR. The Contract Administrator for CITY is:
Name
City of Bakersfield
1600 Truxtun Avenue
Bakersfield, California 93301
Telephone: (661) 326-3700
MANAGER’s Construction Manager is designated as:
Name
Company
Address 1
Address 2
Phone
The Contract Administrator and the Construction Manager will be the primary contact persons for CITY and MANAGER, respectively.
9. KEY PERSONNEL. At CITY’s request, MANAGER must name all key personnel to be assigned to perform the Scope of Work. All key personnel must be properly licensed and experienced for the Scope of Work. MANAGER must provide background for each of the key personnel including, without limitation, resumes and work experience in the Scope of Work. CITY reserves the right to approve key personnel. Once the key personnel are approved, MANAGER may not change such personnel without CITY’s written approval. CITY reserves the right to request replacement of either MANAGER’s employees or sub contractors who may not be performing at an acceptable level. CITY intends to perform yearly performance reviews of MANAGER.
10. INDEPENDENT CONTRACTOR. This Agreement calls for MANAGER’s performance of the Scope of Work as an independent contractor. MANAGER is not an agent or employee of CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement may not be construed as forming a partnership or any other association with MANAGER other than that of an independent contractor.
11. DIRECTION. MANAGER retains the right to control or direct the manner in which the services described herein are performed.
12. EQUIPMENT. MANAGER will supply all equipment, tools, materials, and supplies necessary to perform the Scope of Work.
13. EQUIPMENT PURCHASE. Prior authorization in writing, by CITY'S Contract Administrator, shall be required before MANAGER enters into any unbudgeted purchase order or Attachment RFQ-2
subcontract exceeding $5,000 for supplies, equipment, or MANAGER services.
MANAGER shall provide an evaluation of the necessity or desirability of incurring such costs. For purchase of any item, service , or consulting work not covered in MANAGER’s Cost Proposal and exceeding $5,000 , MANAGER shall submit three competitive quotations along with the request for prior authorization to CITY's Contract Administrator, or the absence of bidding must be adequately justified. Any equipment purchased as a result of this Agreement is subject to the following:
“MANAGER shall maintain an inventory of all nonexpendable property.
Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, CITY shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, MANAGER may either keep the equipment and credit CITY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established CITY procedures , and credit CITY in an amount equal to the sales price. If MANAGER elects to keep the equipment, fair market value shall be determined at MANAGER ’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to CITY and MANAGER , if MANAGER is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by CITY.” 49 CFR, Part 18 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project.
14. CONFLICTS OF INTEREST.
14.1. MANAGER shall disclose any financial, business, or other relationship with CITY that may have an impact upon the outcome of this Agreement, or any ensuing CITY construction project. MANAGER shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing CITY construction project.
14.2. MANAGER hereby certifies that it does not now have, nor shall it acquire, any financial or business interest that would conflict with the performance of services under this Agreement.
14.3. MANAGER hereby certifies that neither MANAGER, its employees, nor any firm affiliated with MANAGER providing services on this project prepared the Plans, Specifications, and Estimate for any construction project included within this Agreement. An affiliated firm is one, which is subject to the control of the same persons through joint-ownership, or otherwise.
14.4. MANAGER further certifies that neither MANAGER, nor any firm affiliated with MANAGER, will bid on any construction subcontracts included within the construction contract. Additionally, MANAGER certifies that no person working under this Agreement is also employed by the construction contractor for any project included within this Agreement.
Attachment RFQ-2
14.5. Except for sub contractors whose services are limited to materials testing, no subcontractor who is providing service on this Agreement shall have provided services on the design of any project included within this Agreement.
15. NO CITY INTEREST. No officer or employee of CITY will hold any interest in this Agreement, (California Government Code 1090).
16. ACCEPTANCE OF WORK. The acceptance of work or payment for work by CITY will not constitute a waiver of any portion or any provision of this Agreement.
17. LICENSES. MANAGER must, at MANAGER’s sole cost and expense, have at the time of bidding or proposal submission, and must keep in full force and effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for MANAGER to practice its profession in the State of California.
MANAGER, if a corporation or partnership, must, at the time of bid or proposal submission, submit proof satisfactory to CITY that all appropriate corporate officers or partners are properly licensed professionals and that all employees or subcontractors assigned to perform professional work on the project or the Scope of Work are properly licensed. In any professional consulting firm, all key employees who are involved in providing advice to CITY must have no less than a four -year college degree in the appropriate field of study as determined by CITY. MANAGER must submit proof of the required education to CITY upon bid or proposal submission.
18. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement will not constitute a waiver of that party's right to enforce such a provision at a later time, and will not serve to vary the terms of this Agreement.
19. COMPLIANCE WITH ALL LAWS. MANAGER must, at MANAGER's sole cost, comply with all applicable requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and must faithfully observe in all activities relating to or growing out of t his Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. If the applicable requirements described above are subsequently amended, resulting in a material change in the Scope of Work or a related project schedule, the amended requirements may be included in the Scope of Work, if the parties to this Agreement concur.
20. INDEMNITY.
20.1. MANAGER must indemnify, defend, and hold harmless CITY and CITY’s officers, agents, and employees against any and all liability, claims, actions, causes of action, or demands whatsoever against them, arising from MANAGER’s negligence, fraud, willful misconduct, criminal conduct, errors and omissions, or breaches of contract, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by MANAGER or MANAGER’s employees, agents, Attachment RFQ-2
independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct.
20.2. For work performed by MANAGER under this Agreement where the provisions of Civil Code section 2782.8 apply, the MANAGER must indemnify, defend, and hold harmless CITY and CITY’s officers, agents, and employees against any and all liability, claims, actions, causes of action, or demands, against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, that only arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of MANAGER.
21. INSURANCE.
21.1. Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, MANAGER must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements").
21.1.1. Automobile liability insurance, providing coverage for owned, non -owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence.
21.1.2. Professional liability insurance, providing coverage on claims made basis for errors and omissions with limits of not less than $1,000,000 per occurrence.
21.1.3. Commercial general liability insurance, unless otherwise approved by City’s Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. The policy must:
21.1.3.1. Provide contractual liability coverage for the terms of this Agreement;
21.1.3.2. Provide unlimited products and completed operations coverage;
21.1.3.3. Provide premises, operations, and mobile equipment coverage; and
21.1.3.4. Contain an additional insured endorsement in favor of City and its mayor, council, officers, agents, employees, and designated volunteers.
21.1.4. Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, MANAGER must submit to City the following certification before beginning any work under this Agreement:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Attachment RFQ-2
worker’s compensation or to undertake self -insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
By executing this Agreement, MANAGER is submitting the certification required above.
The policy must contain a waiver of subrogation in favor of City and its mayor, council, officers, agents, employees, and designated volunteers.
21.2. General Provisions Applying to All Insurance Types.
21.2.1. All policies required of MANAGER must be written on a first -dollar coverage basis, or contain a deductible provision. Subject to advance approval by City, MANAGER may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means including other insura nce or which is intended to defeat the intent or protection of an additional insured.
21.2.2. All policies required of MANAGER must be primary insurance as to City and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self -insurance maintained by City and its mayor, council, officers, agents, employees, and designated volunteers must b e excess of MANAGER’s insurance and must not contribute with it.
21.2.3. The insurance required above, except for workers’ compensation insurance, must be placed with insurers with a Best’s rating as approved by City’s Risk Manager, but in no event less than A- :VII. Any deductibles, self -insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best’s A -:VII, must be declared prior to execution of this Agreement and approved by City in writing.
21.2.4. The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as evidenced by CITY’s written acceptance.
All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy.
21.2.5. Full compensation for all premiums which the MANAGER is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional allowance will be made theref or or for additional premiums which may be required by extensions of the policies of insurance.
21.2.6. It is further understood and agreed by MANAGER that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by MANAGER in connection with this Agreement.
21.2.7. Unless otherwise approved by CITY, if any part of the Scope of Work is Attachment RFQ-2
subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for MANAGER, and all subcontractors must agree in writing to be bound by the provisions of this section.
22. THIRD PARTY CLAIMS. CITY will timely notify MANAGER of third party claims relating to this Agreement. CITY will be allowed to recover from MANAGER, and MANAGER must pay on demand, all costs of notification.
23. CONFIDENTIALITY. During the term of this Agreement, MANAGER may have disclosed to it information of a legal and confidential nature, and such information could severely damage CITY if disclosed to outside parties. Except as otherwise required by law, when informed that information is confidential, MANAGER will not disclose to any person, directly or indirectly, either during the term of this Agreement or at any time thereafter, any such information or use such information other than as necessary in the course of this Agreement. All documents MANAGER prepares and confidential information given to MANAGER under this Agreement are the exclusive property of CITY. Under no circumstances shall any such information or documents be removed from CITY without CITY's prior written consent.
24. TITLE TO DOCUMENTS. All documents, plans, drawings, maps, photographs, and other papers, or copies thereof prepared by MANAGER pursuant to the terms of this Agreement, will, upon preparation, become CITY’s property.
25. RESOURCE ALLOCATION. All obligations of CITY under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council.
26. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS. MANAGER agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of individual items. MANAGER also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Any costs for which payment has been made to MANAGER that are determined by subsequent audit to be unallowable under 49 CFR, Part 18 and 48 CFR, Federal Acquisition Regulations System, Chapter 1,
Part 31.000 et seq., are subject to repayment by MANAGER to CITY.
27. RETENTION OF RECORDS/AUDIT. For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the Agreement pursuant to Government Code 85 46.7, MANAGER, subcontractors, and CITY shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including, but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the Agreement. The state, State Attachment RFQ-2
Auditor, CITY, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of MANAGER and it’s certified public accountants (CPA), work papers that are pertinent to the contract, and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested.
28. AUDIT REVIEW PROCEDURE. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by agreement, shall be reviewed by CITY’S Finance Director. Not later than 30 days after issuance of the final audit report, MANAG ER may request a review by CITY’S Finance Director of unresolved audit issues. The request for review will be submitted in writing. Neither the pendency of a dispute nor its consideration by CITY will excuse MANAGER from full and timely performance, in a ccordance with the terms of this Agreement.
MANAGER’s Cost Proposal is subject to a CPA ICR Audit Work Paper Review by Caltrans’ Audit and Investigation (Caltrans). Caltrans, at its sole dis cretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by MANAGER and approved by the CITY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by MANAGER to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Agreement’s terms and cause for termination of the Agreement and disallowance of prior reimbursed costs.
28.1. During a Caltrans’ review of the ICR audit work papers created by the MANAGER ’s independent CPA, Caltrans will work with the CPA and/or MANAGER toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If Caltrans identifies significant issues during the review and is unable to issue a cognizant approval letter, CITY will reimburse the MANAGER at a provisional ICR until a FAR compliant ICR {e.g. 48 CFR, part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials Audit Guide; and other applicable procedures and guidelines} is received and approved by A&I. Provisional rates will be as follows:
28.1.1. If the proposed rate is less than 150 %, the provisional rate reimbursed will be 90% of the proposed rate.
28.1.2. If the proposed rate is between 150% and 200% , the provisional rate will be 85% of the proposed rate.
28.1.3. If the proposed rate is greater than 200% , the provisional rate will be 75% of the proposed rate.
28.2. If Caltrans is unable to issue a cognizant letter as described above, Caltrans may require MANAGER to submit a revised independent, CPA-audited ICR and audit report within three months of the effective date of the management letter. Caltrans will then have up to six months to review the MANAGER ’s and/or the independent CPA’s revisions.
Attachment RFQ-2
28.3. If the MANAGER fails to comply with the provisions of this s ection, or if Caltrans is still unable to issue a cognizant approval letter after the revised independent CPA - audited ICR is submitted, overhead cost reimbursement will be limited to the provisional ICR that was established upon initial rejection of the IC R and set forth above for all rendered services. In this event, this provisional ICR will become the actual and final ICR for reimbursement purposes under this Agreement.
The provisional ICR will apply to this Agreement, and all other agreements executed between CITY and MANAGER, either as a prime or subcontract, with the same fiscal period ICR.
29. COVENANT AGAINST CONTINGENCY FEES. MANAGER warrants that it has not employed or retained any company or person, other than a bona fide employee working for MANAGER, to solicit or secure this Agreement, and that it 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 formation of this Agreement. For breach or violation of this warranty, CITY will have the right to annul this Agreement without liability, or at its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
30. CHANGES IN WORK. Changes in work must only be made in accordance with this Agreement. If it is essential for extra work to be performed immediately, CITY’s Contract Administrator and MANAGER’s Construction Manager must agree in writing as to the scope of the extra work and the nature and, if possible, the amount of compensation therefore. As soon as possible, CITY’s Contract Administrator must prepare an amendment to this Agreement and cause it to be approved as set forth in the Bakersfield Municipal Code.
31. SUBCONTRACTING.
31.1. Nothing contained in this Agreement or otherwise, shall create any contractual relation between CITY and any sub contractor(s), and no subcontract shall relieve MANAGER of its responsibilities and obligations hereunder. MANAGER agrees to be as fully responsible to CITY for the acts and omissions of its subcontractor(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by MANAGER. MANAGER ’s obligation to pay its sub contractor(s) is an independent obligation f rom CITY’S obligation to make payments to MANAGER.
31.2. MANAGER shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by CITY’s Contract Administrator, except that which is expressly identified in the approved Cost Proposal.
31.3. MANAGER shall pay its subcontractors within ten calendar days from receipt of each payment made to MANAGER by CITY.
Attachment RFQ-2
31.4. Any substitution of sub contractor(s) must be approved in writing by CITY’s Contract Administrator prior to the start of work by the subcontractor(s).
32. DEBARMENT AND SUSPENSION CERTIFICATION.
32.1. MANAGER’s signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that MANAGER has complied with Title 2 CFR, Part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (nonprocurement) ,” which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years. Any exceptions to this certification must be disclosed to CITY.
32.2. Exceptions will not necessarily result in denial of recommendation for award but will be considered in determining MANAGER responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action.
32.3. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration.
33. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION. MANAGER warrants that this Agreement was not obtained or secured through rebates , kickbacks, or other unlawful consideration, either promised or paid to any CITY employee. For breach or violation of this warranty, CITY will have the right, in its discretion, to terminate the Agreement without liability, to pay only for the value of the work actually performed, to deduct from the Agreement price, or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.
34. PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS FOR LOBBYING.
MANAGER certifies to the best of his or her knowledge and belief that:
34.1. No state-, federal-, or local agency-appropriated funds have been paid, or will be paid by , or on behalf of , MANAGER to any person for influencing or attempting to influence an officer or employee of any state or federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract, the making of any state or federal grant, the making of any state or federal loan, the entering into of any cooperative agreement, and the Attachment RFQ-2
extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement.
34.2. If any funds other than federal -appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this federal contract, grant, loan, or cooperative agreement, the MANAGER must complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
34.3. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, US. Code. Any person who fails to file the required certification will be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
34.4. MANAGER also agrees by signing this Agreement that it will require that the language of this certification be included in all lower -tier subcontracts, which exceed $100,000, and that all such subrecipients must certify and disclose accordingly.
35. DBE PARTICIPATION REQUIREMENTS. This Agreement is subject to additional clauses which are defined on the attached Exhibit E and are incorporated herein by reference.
36. CERTIFICATIONS. This Agreement is subject to additional clauses which are defined as the Certification of CITY , attached hereto as Exhibit F, and Certification of MANAGER, attached hereto as Exhibit G, both of which are incorporated herein by reference.
37. STATEMENT OF COMPLIANCE
37.1. MANAGER’s signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that MANAGER has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103.
37.2. During the performance of this Agreement, MANAGER and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. MANAGER and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. MANAGER Attachment RFQ-2
and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a -f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations o f the Fair Employment and Housing Commission implementing Government Code Section 12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and mad e a part hereof as if set forth in full. MANAGER and its sub contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
37.3. MANAGER shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted programs of the Department of Transportation – Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI pr ovides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, or disability, be excluded from participation in, denied the benefits of , or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
37.4. MANAGER, with regard to the work performed by it during the Agreement, shall act in accordance with Title VI. Specifically, MANAGER shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of s ubcontractors, including procurement of materials and leases of equipment. MANAGER shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT’s Regulations, including employment prac tices when the Agreement covers a program whose goal is employment.
38. MISCELLANEOUS.
38.1. Governing Law. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement must be brought in Kern County, California.
38.2. Further Assurances. Each party must execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.
38.3. Notices. All notices relative to this Agreement must be given in writing and personally served or sent by certified or registered mail and will be effective upon actual personal service or depositing in the United States mail. The parties will be addressed as follows, or at any other address designated by notice:
CITY: CITY OF BAKERSFIELD
Attachment RFQ-2
City Hall
1600 Truxtun Avenue
Bakersfield, California, 93301
MANAGER: _______________________
_______________________
_______________________
38.4. Assignment. N either this Agreement nor any rights, interests, duties, liabilities, obligations, or responsibilities arising out of, concerning, or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable, or injunctive relief, whether based on contract, equity, tort, or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and will be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties.
38.5. Binding Effect. The rights and obligations of this Agreement will inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors, and assigns.
38.6. Interpretation. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural.
38.7. Counterparts. This Agreement may be executed in any number of counterparts, each of which will be considered as an original and be effective as such.
38.8. Merger and Modification. This Agreement sets forth the entire Agreement between the parties and supersedes all other oral or written representations.
This Agreement may be modified only in a writing approved by the City Council and signed by all the parties.
38.9. Tax Numbers.
MANAGER’s Federal Tax Identification No.:____________.
MANAGER is a corporation? Yes _____ No _____
(Please check one)
38.10. Corporate Authority. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.
38.11. Execution. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Attachment RFQ-2
Agreement. Section 1654 of the California Civil Code does not apply to the interpretation of this Agreement.
38.12. News Releases/Interviews. All news releases, media interviews, testimony at hearings, and public comments relating to this Agreement by MANAGER are prohibited unless authorized by CITY.
38.13. Included Documents. Any bid documents, including, without limitation , any request for proposals, request for qualifications, and responses thereto relating to this Agreement are incorporated by reference as though fully set forth.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written.
“CITY” “MANAGER”
CITY OF BAKERSFIELD MANAGER NAME
By: By:______________________________
KAREN GOH, Mayor NAME, Title
APPROVED AS TO CONTENT:
WATER DEPARTMENT
By: _______________________________
KRISTINA BUDAK
Water Director
APPROVED AS TO FORM: COUNTERSIGNED:
(Deputy) City Attorney: _______________________ Finance Director: _____________________
MATTHEW COLLOM RANDY MCKEEGAN
Insurance: ____________
Exhibits: Exhibit A – Request for Qualifications/Request for Proposal Exhibit B – Scope of Work Description
Exhibit C – Cost Proposal
Exhibit D – Certificates of Insurance
Exhibit E – DBE Requirements
Exhibit F – Certification of City
Exhibit G – Certification of Manager
“I have received and reviewed the sample CONSTRUCTION MANAGEMENT AGREEMENT including the INDEMNITY clause which was sent to me with the City’s RFQ. My signature below shall signify our firm’s acceptance of said contract if our firm is selected for awarding a contract for the project as described in said RFQ . This acceptance is made with the understanding that the Compensation and Time for Completion clauses will be modified to contain the amounts and dates established for this contract.”
Signature: _____________________________________ Date: ____________________ Attachment RFQ-3
RFQ Construction Management and Inspection Services
Request for Information Form
QUESTION TO: City of Bakersfield, Water Department
1000 Buena Vista Road, Bakersfield, CA 93311
Attention: Henry Kouyoumdjian
email: [email protected]
NOTE: All questions must be received by the CITY in written form on the form provided no later than ten (10) calendar days prior to the submittal deadline . This will allow time to respond to the question and/or to issue an addendum to all managers addressing the question. Questions received after the above set due date will not be acknowledged. The form may be sent via postal service, hand delivery or email. The City encourages sending the written request via email to expedite the process.
Date Submitted: Submitted by: Manager:
Contact Person:
Address:
Telephone Number:
QUESTION: ________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________
RESPONSE: Date: _________ Answered by: Name Company __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ City of Bakersfield Approval of Response by: Date:
Addendum Required: YES ___________ NO ______________