1 Request For Proposal
for
PLC and SCADA Services for
City of Manteca
Public Works Water Resources, WQCF Division
RFP Issue Date: Thursday, June 22, 2023
PROPOSALS DUE:
4:00 P.M. Thursday, July 27, 2023
Questions, comments or concerns related to this RFP may be directed to:
Erma Patrick, Administrative Analyst
City of Manteca
1001 W. Center Street, Manteca Ca. 95337
Phone: 209 456-8427
Email: [email protected]
ATTACHMENT 2
2 City of Manteca
Request for Proposal
PLC and SCADA Services for
Public Works Water Resources, WQCF Division
TABLE OF CONTENTS
SECTION I
Page
Introduction
A. Summary Scope of Work............................................................................................. 3 B. Location of Work to be Performed ............................................................................ 3 C. Project Inquiries ......................................................................................................... 3 D. Definition of Terminology .......................................................................................... 4
SECTION II
Conditions Governing the Procurement
A. Sequence of Events .................................................................................................... 5 B. Explanation of Events ................................................................................................. 5 C. General Requirements ............................................................................................... 8
SECTION III
Proposal Submittal Requirements
A. Proposal Format ....................................................................................................... 10 B. Contractor Requirements ......................................................................................... 11
APPENDICES
Appendix A: Scope of Services …………………………….. ...................................................... 13 Appendix B: Proposer Information Form........................................................................ 14 Appendix C: Insurance Requirements............................................................................. 15 Appendix D: Proposal Pricing Sheet................................................................................ 17 Appendix E: Addendum Receipt...................................................................................... 18 Appendix F: Agreement for Professional Service ............................................................ 19 ATTACHMENT 2
3 SECTION I
Introduction
The City of Manteca will be accepting proposals from experienced and qualified SCADA Contractors to provide PLC, SCADA and other related services for the Public Works Water Resources, WQCF Division located at 2450 W. Yosemite Ave in the City of Manteca. It is the intent of the City of Manteca (hereinafter referred to as “City”) to contract for said PLC, SCADA and other related services from a qualified contractor for a term of three (3) years, with two (2) one-year options to extend awarded contract.
A. SUMMARY SCOPE OF WORK
Proposals shall include all labor, supervision, appropriate equipment, necessary materials, and all other equipment/materials/supplies not specifically provided by the City in accordance with schedule outlined in this RFP.
B. LOCATION OF WORK TO BE PERFORMED
The services will primarily be within the Water Quality Control Facility (WQCF). Services shall be completed at the request of authorized City personnel. The WQCF is located at the South West side of the City of Manteca at 2450 W Yosemite Avenue.
Normal operating hours are from 6:00 am to 4:30 pm Monday through Friday.
C. PROJECT INQUIRIES
Any inquiries or requests regarding this procurement shall be submitted in writing to the designated Administrative Analyst listed below. Inquiries and requests made to other City staff will not be responded to. All responses will be in writing and will be distributed to all potential Proposers who receive a copy of this Request for Proposal. The designated contact is:
Erma Patrick, Public Works Administrative Analyst
City of Manteca
1001 W Center Street, Manteca, CA 95337
[email protected]
209 456-8427
ATTACHMENT 2
4 DEFINITION OF TERMINOLOGY
This paragraph contains definitions that may be used throughout this Request for Proposal (RFP), including appropriate abbreviations:
1. “AGREEMENT” shall mean a duly executed and legally binding contract.
2. “BUSINESS HOURS” means 6:00 AM through 4:30 PM Pacific Standard Time.
3. “CITY” means City of Manteca, its officers, employees and City Council
4. MINOR TECHNICAL IRREGULARITIES” means anything in the proposal that does not affect the price, quality and quantity or any other mandatory requirement.
5. “NOTICE OF AWARD” shall mean a formal written notice of award of a contract to the Proposer by the City.
6. “PROCUREMENT” means the securing or purchase of services described in this RFP.
7. “PROPOSER” means any person, firm, business, corporation, or partnership that chooses to submit a proposal.
8. “REQUEST FOR PROPOSAL” or “RFP” means all documents, including those attached in the Appendices or incorporated by reference, used for soliciting proposals.
9. “RESPONSIBLE PROPOSER” means a Proposer who submits a responsive proposal and who has furnished, when required, information and data to prove that his/her financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services described in the proposal.
10. “RESPONSIVE PROPOSER” or “RESPONSIVE PROPOSAL” means an offer or proposal, which conforms in all material respects to the requirements set forth in this RFP.
ATTACHMENT 2
5 SECTION II
Conditions Governing the Procurement This section outlines and describes the sequence of events and tentative schedule established for this RFP process.
The City reserves the right to modify this schedule if it is in the best interest of the City to do so.
All parties known to have received this RFP will be notified of any significant changes made to the sequence of events and schedule.
A. SEQUENCE OF EVENTS
Event/Action Responsibility Date
1. Release of RFP Document City June 22, 2023
2. Deadline to Submit Written
Questions Proposer 4:00 pm: July 11, 2023
3. Issue Written Response (Addenda)
to Questions City July 18, 2023
4. Submission of Proposal Proposer 4:00 pm: July 27, 2023
5. Notice of Intent to Award City August 10, 2023
6. Staff recommendation to City
Council and contract award City Tentatively August 22, 2023
7. Contract Work to Begin City and Proposer Tentatively August 24, 2023 B. EXPLANATION OF EVENTS
1. Release of RFP Document
This RFP is released for distribution on Thursday, June 22, 2023 by the City in accordance with the provisions of the City’s Procurement Policy. A distribution list of those who receive this RFP will be maintained throughout the procurement process and will become part of the procurement file.
2. Deadline to Submit Written Questions
Potential Proposers may submit questions in writing to the Analyst listed in Section I.C until 4:00 pm on Tuesday, July 11, 2023. Questions shall be clearly labeled and shall cite the Section(s) and Item(s) in the RFP. All responses to written questions will be distributed via e-mail to the Proposer distribution list. Include the e-mail ATTACHMENT 2
6 address for the individual appointed to receive responses to the questions. The identity of the organization submitting the question(s) will not be revealed.
3. Issue Written Response to Questions
Written responses to written questions will be distributed on Tuesday, July 18, 2023 to all potential Proposers whose organization name appears on the procurement distribution list. Responses will also be posted on the City’s website at:
https://www.manteca.gov/business/request-for-proposals
4. Submission of Proposal
PROPOSALS MUST BE HAND DELIVERED OR MAILED IN A SEALED ENVELOPE AND CLEARLY MARKED AS “RFP – PUBLIC WORKS WATER RESOURCES, WQCF DIVISION PLC, SCADA AND ASSOCIATED SERVICES” AND MUST BE RECEIVED BY THE ANALYST OR DESIGNEE BY 4:00 P.M. LOCAL TIME ON JULY 27, 2023. Proposals received late or submitted by FAX or any other electronic method will not be accepted. Each PROPOSER must submit one (1) original signed copy and three (3) duplicate copies of the complete proposal and (1) Electronic Version (on USB Drive) to:
CITY OF MANTECA City Clerk’s Office
Erma Patrick, Public Works Analyst
1001 W. Center Street
Manteca, CA 95337
Price Proposals must be submitted on the PRICE PROPOSAL FORM provided. All prices and notations must be in ink or typewritten. Mistakes may be crossed out and corrections typed or written with ink adjacent thereto; and all corrections must be initialed in ink by the person signing the PROPOSAL FORM.
5. Proposal Review and Evaluation
The City will examine all proposals to ascertain responsiveness and responsibility to the provisions of this RFP. A proposal that does not contain the items specified herein shall be considered non-responsive and such proposal shall be rejected.
Determination of Proposer responsibility shall be based upon evidence of adequate financial and technical capacity to undertake the project and satisfactory performance in previous contracts. The Analyst, or designee, may initiate discussions with Proposers who submit responsive or potentially responsive proposals for clarifying aspects of the proposal. However, proposals may be accepted and evaluated without such discussion. Discussions SHALL NOT be initiated by the Proposers.
ATTACHMENT 2
7 Evaluation Criteria Max Points
Company Qualification, Experience & References
A. Demonstrate that the firm meets all the requirements set forth in Section III.
B. Qualifications of firm stability and capacity; References and past history with the City of Manteca.
25 Qualifications and Experience of Key Personnel
A. The professional, technical and managerial qualifications and experience of personnel named in the proposal.
B. Previous relevant experience which demonstrates capability to successfully manage work.
1. Years of Experience
2. Extent of experience applicable to this work
3. Experience in key staff positions
25 Project Understanding and Management Plan
A. Approach to the scope of services in Appendix A, Scope of Services B. Quality Assurance System
25 Reasonableness of Cost
This portion of the proposal will be evaluated based on reasonableness of the proposed cost. Costs will be compared to costs The City of Manteca or other comparable public agencies have paid for similar services and to what is considered to be the industry’s standard and customary costs for the services.
Proposed costs will also be compared to any independent cost estimates. 25 Total = 100
9. Contract Work to Begin
Upon full execution of contract documents and verification of required licenses and certificates, the City and successful contractor shall work cooperatively to establish a start date and time that is mutually beneficial to both parties. It is the City’s intent to enter into a contract with contractor for a term of three (3) years upon City Council approval.
ATTACHMENT 2
8 C. GENERAL REQUIREMENTS
The General Requirements section contains specific information about the process, general conditions and instructions that govern this procurement.
1. Acceptance of Conditions Governing the Procurement – Potential Proposers must indicate their acceptance of the Conditions Governing the Procurement section in the letter of transmittal.
2. Incurring Cost - Any costs incurred by the Proposer in preparation, transmittal, or presentation of any proposal or material submitted in response to this RFP shall be borne solely by the Proposer.
3. Prime Contractor Responsibility - Any contractual agreement that may result from this RFP shall specify that the prime contractor is solely responsible for fulfillment of all requirements of the contractual agreement with City.
4. Subcontractors/Consent – The use of subcontractors under certain circumstances will be permitted. The prime contractor shall be wholly responsible for the entire performance of the contractual agreement, whether or not subcontractors are used.
Additionally, the prime contractor must receive approval in writing from the City before any subcontractor is used during the term of this agreement.
5. Amended Proposals - A Proposer may submit an amended proposal before the deadline for receipt of proposals. Such amended proposal must be complete replacements for a previously submitted proposal and must be clearly identified as such in the transmittal letter. City staff will not collate or assemble proposal materials.
6. Right to Reject Proposal – The City reserves the right to reject a proposal from any Proposer who has previously failed to perform properly, has caused the City to incur unreasonable costs or expense, failed to complete on time an agreement of a similar nature, or who is not in a position to perform the work outlined in this RFP.
7. Proposers Right to Withdraw Proposal – Proposer will be allowed to withdraw their proposal at any time, prior to the deadline for receipt of proposals. The Proposer must submit a written withdrawal request signed by the Proposer’s duly authorized representative and addressed to the Analyst previously listed in this RFP. The approval or denial of withdrawal requests received after the deadline for receipt of the proposals is at the discretion of the Analyst or designee.
8. Disclosure of Proposal Contents - Proposals will be kept confidential until award process is completed by the City. At that time, all proposals and documents pertaining to the proposals will be available to the public, except for material that is ATTACHMENT 2
9 clearly marked proprietary or confidential. The City will not disclose or make public any pages of a proposal on which the potential Proposer has stamped or imprinted "proprietary" or "confidential," subject to the following requirements:
a. Proprietary or confidential data shall be readily separable from the proposal in order to facilitate eventual public inspection of the non-confidential portion of the proposal. Confidential data is restricted to:
i. confidential financial information concerning the Proposer’s organization; ii. data that qualifies as a trade secret in accordance with the Uniform Trade Act;
b. If a request is received for disclosure of data for which a Proposer has made a written request for confidentiality, the CITY shall examine the Proposer’s request and make a written determination that specifies which portions of the proposal should be disclosed. Unless the Proposer takes legal action to prevent the disclosure, the proposal will be so disclosed. The proposal shall be open to public inspection subject to any continuing prohibition on the disclosure of confidential data.
c. PLEASE NOTE: The cost of services proposed shall not be designated as proprietary or confidential information.
9. No Obligation – This RFP in no manner obligates the CITY to the use of any Proposer’s services until a valid written contract is awarded and approved.
10. Termination – This RFP may be canceled at any time and any and all proposals may be rejected in whole or in part when such action is deemed in the best interest of the City.
11. Legal Review – The CITY requires that all Proposers agree to be bound by the General Requirements contained in this RFP. Any Proposer’s objections must be promptly submitted in writing to the attention of the Public Works Analyst.
12. Proposer Qualifications - The City may make such investigations as necessary to determine the ability of the Proposer to adhere to the requirements specified within this RFP. The City will reject the proposal of any Proposer who is not a responsible Proposer or fails to submit a responsive offer as defined in Section 1-D.
13. Right to Waive Minor Irregularities - The City reserves the right to waive minor irregularities. This right is at the sole discretion of the City.
14. Change in Contractor Representatives – The CITY reserves the right to require a change in contractor representatives, if the assigned representative(s) is (are) not, in the opinion of the CITY, adequately meeting the needs of the CITY.
ATTACHMENT 2
10 15. Ownership of Documents – All documents submitted in response to this RFP shall become property of the CITY.
SECTION III
Proposal Submittal Requirements
This section explains the content, organization and format of the Proposers’ response to this RFP.
A. PROPOSAL FORMAT
Proposers shall organize and submit their proposal package as follows:
1. Letter of Transmittal, which shall include the following information:
a. Name, address, telephone number, e-mail of proposer. b. Name, telephone number and e-mail of primary contact. c. Signature of the officer or employee with authority to bind proposer. d. Date of the proposal.
e. A statement that proposer, if awarded the contract, will comply with all terms and conditions set forth in this RFP.
f. A statement that proposal is valid for ninety (90) days after the deadline for submission of proposals.
2. Approach to Scope of Services
a. One page narrative describing proposer’s business philosophy and how the services will be provided or what tasks will be performed in response to the Scope of Work. The scope of work indicates "what" the proposer is required to do; the description of services should indicate "how" the offeror intends to perform the services.
b. Have a quality assurance system in place that adequately ensures that work is being completed in accordance with the agreement; and have appropriate staff capable of performing the work.
3. Experience, Qualifications and References (Company and Personnel) a. One page narrative describing the history of proposer’s company and the geographic areas served. Discuss prior experience and qualifications related to accomplishing the scope of work. This portion of the proposal should demonstrate the extent to which the proposer is qualified to perform the specific services contained in the RFP.
b. One page listing references of at least three (3) projects of similar size and scope of services as this RFP. Include organization name, primary contact name, address and telephone number, time and date of services provided, specific services provided, and dollar values of contract.
ATTACHMENT 2
11 c. PROPOSER must include a brief biography for each key member of the local personnel.
d. PROPOSER must include a job description of each key personnel member’s position as it relates to the project. The description should include specific job responsibilities to be held on a local level.
e. Financial Information: PROPOSER must include the company’s most recent audited financial statement and shall submit other financial information deemed by PROPOSER to be pertinent to the proposal or the proposed method of operation f. References: PROPOSER shall submit references from at least three companies that PROPOSER has contracted with for similar type of service.
3. Mandatory Forms
a. Proposer Information Form - Appendix B
b. Proposer Pricing Sheet – Appendix D
c. Addendum Receipt – Appendix E (If applicable)
B. CONTRACTOR REQUIREMENTS
The successful Proposer (Contractor) must obtain the following bonds, licenses, insurance and other requirements:
1. Insurance
The agreement for this procurement requires that the Contractor procure and maintain, during the life of this contract, insurance coverage of the kinds and in the amounts listed in Appendix C. The Certificates of Insurance must be issued by insurance companies authorized to do business in the State of California and shall cover all performance whether completed by the Contractor, the Contractor’s employees, or by subcontractors.
2. Licenses
Any proposer awarded a contract under this solicitation must show proof of having the required Manteca Business License before the contract will be executed.
Failure to show such proof within 10 business days of the Proposer being notified of contract award shall result in retraction of such award. There are no California State Contractors License Board license requirements for this solicitation.
3. Contractor Primary Single Point of Contact
Contractor shall provide a telephone number for reaching the primary contact in the event of an emergency. When the primary contact is unavailable for planned absences, contractor shall provide the name and means to contact the backup single point of contact. In all instances, the primary contact must be reachable after hours.
5. Contractor Hiring Standards
ATTACHMENT 2
12 Given that the Contractor employees will have unmonitored access to, and be performing unmonitored services in City facilities, the Contractor is expected to implement comprehensive hiring and screening standards. At a minimum, Contractor shall impose the following hiring standards for any employee provided access to City property or performing any services under this RFP on City property:
a. Legal right to work in the United States.
b. Ability to speak, understand, read and write English. c. Adequate work and personal references for ability and character. d. Negative screening for illegal drugs including marijuana metabolites, cocaine metabolites, opiate metabolites, phencyclidine, and amphetamines. e. No convictions of unsuitable offenses (i.e., grand theft, burglary, etc.) determined by criminal background check for all felony and misdemeanor convictions.
6. Employee Dress & Identification
At all times while on City property in the performance of the duties under this contract, Contractor’s employees shall adhere to the following uniform and attire standards:
a. Wear a uniform, shirt or ID badge that identifies them as employees of the Contractor.
b. Be appropriately and safely dressed (e.g., no sandals, tank tops, or shirt graphics except for the name or company logo of the contractor). c. Maintain a neat, well-groomed and hygienic appearance at all times.
7. Code of Conduct
Contractor employees shall conduct themselves in a professional and ethical manner at all times when providing services on City property. Certain conduct, including the following, is considered unacceptable and will result in such employee being banned from carrying out further services on City property:
a. Theft or unauthorized removal of money or property from City, its employees, passengers or anyone else on City property.
b. Embezzlement, bribery and other similar forms of dishonesty. Possession of any dangerous, unauthorized materials, such as explosives, firearms or other similar items on City property.
c. Gross negligence, gross carelessness, or willful acts, which result in damage to City employees, its passengers, or City property or equipment. d. Violation of safety or health rules, or engaging in conduct that creates a safety or health hazard.
ATTACHMENT 2
13 Appendix A
Scope of Services
This appendix describes the scope of services requested in this RFP.
A. SCOPE OF SERVICES
Proposer will provide the following PLC, SCADA and associated services, in accordance with all standards and laws, according to the schedule described below:
The scope of work shall be finalized upon the selection of the Firm. The respondent’s submission shall have accurately described your understanding of the objectives and scope of the requested products and services and provided an outline of your process to implement the requirements of the Scope of Work and Services. It is anticipated that the scope of work will include, at a minimum, the following:
I. SPECIFICATIONS
A. Service Specifications:
1. Provide PLC and SCADA programming services on an as-needed basis. Maintain and troubleshoot existing SCADA, PLC, and radio systems on an as-needed basis.
2. Program human interface screens (HMIs) and reporting functions as needed.
3. Provide the City with consultation services relating to improvements and upgrades recommended for the City’s SCADA system.
4. Provide training on the SCADA software to City staff as needed.
5. Provide recommendations for software and hardware upgrades on an as-needed basis.
6. Contractor shall subscribe to GE iFIX support services, to be utilized by contractors programmers and shall be included in the price of the contract.
7. Response time for remote support shall be within 2 hours of the City’s call for service.
8. Response time for normal on-site support within 4 hours of the City’s call for service.
ATTACHMENT 2
14 APPENDIX B - Required Form
Proposer Information Form
General Information
Business Name:
Business Type: ☐ Corporation (State of Incorporation: _____ ) ☐ Partnership ☐ Sole Proprietorship ☐ Other: ____________
Business Federal Tax ID Number: _________________
Corporate Headquarters
Address: _________________________________________________________________ Local Office (If Applicable)
Address: _________________________________________________________________ Authorizing Contact
Name: ________________________________ Title: ____________________________ Telephone: ___________________________ Fax: __________________________ Email: ___________________________________________________________________ Primary Contact
Name: ________________________________ Title: ____________________________ Telephone: ___________________________ Fax: __________________________ Email: ___________________________________________________________________ ATTACHMENT 2
15 APPENDIX C
Insurance Requirements
Prior to execution of the contract, all contractors, and service providers shall procure and maintain, at their own cost and expense for the duration of their contract with the City, appropriate insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work or services. Any insurance proceeds available to city in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to the City.
Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to the contract are required. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under the contract and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by the contractor or service provider or deducted from sums due the contractor, or service provider, at the City’s option.
Minimum Limits of Insurance: Coverage shall be at least as broad as:
Commercial General Liability
• Commercial General Liability Insurance with $2,000,000 minimum limit per occurrence. • If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
• Commercial General Liability Additional Insured Endorsement naming the following as insured on 2001 or earlier issued endorsement forms: “City of Manteca, its officers, officials, employees, agents, and volunteers”.
Automobile Liability
If the vehicles are brought onto city facilities, covering any auto, or of Contractor has no owned autos, hired, and non-owned autos, the Contractor shall maintain automobile liability with limits no less than:
• Automobile Liability Insurance with $1,000,000 minimum limit per accident for bodily injury and property damage.
• Automobile Liability Additional Insured Endorsement naming the following as additional insured:
“City of Manteca, its officers, officials, employees, agents, and volunteers”.
Worker’s Compensation
As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
Professional Liability (Errors and Omissions)
Insurance appropriates to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
Other Insurance Provisions:
The insurance policies are to contain, or be endorsed to contain, the following provisions:
ATTACHMENT 2
16 1. The City of Manteca, its officers, officials, employees, agents and volunteers are to be covered as insured’s as respect to: liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance at least as broad as CG 20 10 and CG 20 37 if completed operations coverage is required.
2. For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers, shall be excess of the Consultant’s insurance and shall not contribute with it.
3. The applicant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City of Manteca.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Entity before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City of Manteca reserves the right to require complete, certified copes of all required insurance policies, including endorsements required by these specifications, at any time.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Manteca.
Waiver of Subrogation
Consultant hereby grants to The City of Manteca a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that The City of Manteca is an additional insured on insurance required from subcontractors.
SPECIAL RISKS OR CIRCUMSTANCES
The City of Manteca reserves the right to modify these requirements based on the nature of the risk, prior events, insurance coverage, or other special circumstances.
ATTACHMENT 2
17 APPENDIX D - Required Form
Proposal Pricing Sheet
Services to be provided on an on-call basis. Please quote your hourly rates below:
Labor Rates, Normal Working Hours
PLC/SCADA Computer Programmer…………………………………………………………………………$_______/hr Standard PLC/SCADA programming software charge………………………………………………$_______/hr CA certified Electrical Tech Rate charge………………………………………………………………… $_______/hr Vehicle Usage/Fuel charge…………………………………………………………………………………. $ _______/day Travel expenses (airfare, ground transportation, lodging, meals, etc.) …………_______________ Materials or third-party services……………………………………………………………………. ______________ Labor Overtime / Emergency Rates, Outside of Normal Working Hours PLC/SCADA Computer Programmer…………………………………………………………………………$_______/hr Standard PLC/SCADA programming software charge………………………………………………$_______/hr CA certified Electrical Tech Rate charge………………………………………………………………… $_______/hr Vehicle Usage/Fuel charge…………………………………………………………………………………. $________/day Travel expenses (airfare, ground transportation, lodging, meals, etc.) …………_______________ Materials or third-party services……………………………………………………………………. ______________ Please provide Clarification on any item listed above, use additional pages if necessary.
Company: _______________________________________________ Date ________________ Authorized Signature: ____________________________ Print Name: ____________________ ATTACHMENT 2
18 APPENDIX E – Required Form
ADDENDUM RECEIPT
(PROPOSER) acknowledges it has received and
read all of the following Addenda:
for Public Works Water Resources, WQCF Division:
Addendum # Signature
Addendum # Signature
Addendum # Signature
Addendum # Signature
Addendum # Signature
Addendum # Signature
Signature Date
Title Company Name
ATTACHMENT 2
19 APPENDIX F
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into this ____ day of ________________, 20___, by and between the CITY OF MANTECA, a public body, corporate and politic ("City") and _____________, a ___________ corporation ("Consultant").
RECITALS
A. Consultant is specially trained, experienced, and competent to perform the professional services required by this Agreement.
B. Consultant possesses the skill, experience, ability, background, certification, and knowledge to provide the services described in this Agreement on the terms and conditions specified herein.
C. City desires to retain Consultant to render the professional services set forth in this Agreement.
AGREEMENT
1) Scope of Services. Consultant shall perform the __________ services described in the attached Attachment 1 that is incorporated by this reference, and pursuant to the Proposal submitted by Consultant dated ______, and attached hereto as Attachment 2. Consultant shall provide these services at the time, place, and in the manner specified in Attachment 1, subject to the direction of the City through its staff that may be provided from time to time. Performance of the ______ services is sometimes referred to herein as “the Project.”
2. Work Through City Staff. Consultant shall perform its services pursuant to this Agreement solely through City staff. No communications, information or documentations shall be made directly to any applicant to the City without the prior written consent of the City. This shall not apply to the sole request of information or clarification of information by Consultant from the applicant. All requests shall be noted to City in an expeditious manner.
3. Time of Performance. Consultant’s services will commence upon execution of this Agreement and shall be completed in accordance with the Schedule of Activities, attached hereto as Attachment 3. All work shall be completed no later than _______________. Failure to submit work products in accordance with the Schedule of Activities may result in the City withholding progress payments. Repeated failure to complete work products in accordance with the Schedule of Activities may result in a reduction of the total compensation provided for in Section 4 herein.
4. Compensation. Without additional authorization from the City, compensation to be paid to Consultant shall not exceed _______________DOLLARS ($______). Payment by City under this Agreement shall not be deemed a waiver of any defects, even if those defects were known to the City at the time of payment.
ATTACHMENT 2
20 5. Method of Payment. Consultant shall submit monthly billings to City specifying and describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours expended and by whom, and a description of any reimbursable expenditures. Full payment of each task will only be made at such time as each task is completed.
City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. Payments may be delayed by City if Consultant fails to provide services in accordance with the Schedule of Activities, unless the City has provided prior written consent to any delay in the schedule.
6. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, the term "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without the City’s prior written authorization.
7. Termination. This Agreement may be terminated by the City immediately for cause, or by either party without cause upon 15 days’ prior written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination upon submittal of an invoice for same.
8. Ownership of Documents; Confidentiality.
A. All plans, studies, documents, and other writings prepared by and for Consultant, its officers, employees, agents, and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of City upon payment to Consultant for such work. City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party.
Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request by City. Consultant shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose.
B. All memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other documents and data, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant. These materials shall not, without the City’s prior written consent, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall these materials be disclosed to any person or entity not connected with the performance of services under this Agreement.
Nothing furnished to Consultant that is otherwise known to Consultant, or is generally known, or has become known to the related profession shall be deemed confidential.
Consultant shall not use City's name or insignia, photographs relating to the Project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production, or other similar medium without the City’s prior written consent.
9. Consultant's Books and Records.
ATTACHMENT 2
21 A. Consultant shall maintain all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City, for a minimum period of three years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement.
B. Consultant shall maintain all records that document performance under this Agreement for a minimum period of three years, or for any longer period required by law, from the date of termination or completion of this Agreement. 1) Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address specified in Section 16 of this Agreement. 2) Where City has reason to believe that records or documents may be lost or discarded due to the dissolution or termination of Consultant's business, City may, by written request, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to these records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest.
10. Independent Contractor. In the performance of the work and services required by this Agreement, Consultant shall act as and be an independent contractor and not an agent, or employee of the City. Consultant shall obtain no rights to retirement or other benefits that accrue to City's employees, and Consultant expressly waives any claim it may have to any such rights.
11. Interest of Consultant.
A. Consultant represents that neither it nor any employee has any investment or interest in real property, and shall not acquire any such interest, direct or indirect, within the area covered by this Agreement, or any other source of income, interest in real property, or investment that would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further represents that, in the performance of its duties hereunder, no person having any such interest shall perform any services under this Agreement.
B. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
3) will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City, or of any City official, other than normal Agreement monitoring; and 4) possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendation, or counsel. (FPPC Reg. 18700(a)(2).)
12. Professional Ability of Consultant.
ATTACHMENT 2
22 A. City is relying upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement.
Consultant shall therefore provide skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise.
B. The primary provider of the services required by this Agreement shall be ______________. A list of other individuals assigned to the Project will be provided to City for its review and approval, and these individuals shall not be replaced without the City’s prior written consent.
13. Compliance with Laws. Consultant shall use the customary standard of care in its profession to comply with all applicable federal, state, and local statutes, codes, ordinances, and regulations.
14. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals that are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance, and approvals that are legally required of Consultant to practice its profession.
15. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers, from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therewith), arising out of Consultant’s performance of this Agreement, or Consultant’s failure to comply with any of its obligations contained in this Agreement; excluding, however, any claim arising out of the active negligence or willful misconduct of the City, its officers, agents, employees, or volunteers.
16. Insurance Requirements.
Job specific insurance requirements can be found on the attached Attachment 4. Other insurance provisions can be found below:
Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an A.M. Best's rating of no less than A:VII and shall be endorsed with language substantially as follows:
(1) The City, its elected and appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work.
(2) The policy shall be considered primary insurance as respects the City, its elected and appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any selfinsured retention the City may have, shall be considered excess insurance only and shall not contribute with it.
ATTACHMENT 2
23 (3) The insurance shall apply to each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
(4) The insurer waives all rights of subrogation against the City, its elected and appointed officers, officials, employees, and agents. (5) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officers, officials, employees, agents, or volunteers.
6) The insurance provided by the policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after 30 days written notice has been received by the City.
(7) The City will not accept any endorsements that were issued in 2004.
Acceptable endorsement forms are CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01.
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of those deductibles or self-insured retentions.
D. Certificates of Insurance. Consultant shall provide to City certificates of insurance with original endorsements as evidence of the required insurance coverage.
Certificates of insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first-class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Manteca
1001 W. Center Street
Manteca, CA 95337
Attention: _______________
If to Consultant: ________________________
________________________
________________________
Attention: _______________
18. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in their entirety by this Agreement.
19. Amendments. This Agreement may be amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
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24 20. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience, and competence of Consultant. Assignments of any or all rights, duties, or obligations of the Consultant under this Agreement will be permitted only with the express written consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor.
Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay any monies due to any such subcontractor other than as may be required by law.
21. Waiver. Waiver of any breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach or default of the same or any other provision under this Agreement.
22. Severability. If any provision of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
23. Controlling Law; Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California, and any legal action relating to this Agreement shall take place in the Superior Court, County of San Joaquin.
24. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
25. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS, and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
26. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy has been signed by both parties.
27. Authority to Enter Agreement. Consultant warrants that it has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each party warrants to the other that the signatories to this Agreement have the legal power, right, and authority to enter into this Agreement and to bind each party.
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25 28. Prohibited Interests.
A. Consultant warrants that it has not employed or retained any person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement.
Further, Consultant warrants that it has neither paid nor agreed to pay any person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For any breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.
B. For the term of this Agreement, no member, officer, or employee of City, during the period of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
29. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
30. Precedence. In case of conflict between Consultant’s Proposal/Consultant’s attachments and the City’s Agreement/City’s attachments, the City’s Agreement and City’s attachments shall take precedence over Consultant’s proposal/Consultant’s attachments.
This Space Purposely Left Blank
ATTACHMENT 2
26 TO EFFECTUATE THIS AGREEMENT, each of the parties has caused this Agreement to be executed by its duly authorized representative as of the date set forth in the introductory paragraph on page 1 above.
CITY OF MANTECA: CONSULTANT:
_________________________________ ___________________________________ Toni Lundgren (Type name of Consultant/form of organization)* City Manager
ATTEST: By: ___________________________________
(Signature)
_________________________________ ___________________________________ Cassandra Candini-Tilton, (Type name and title)
Director of Legislative Services
COUNTERSIGNED: By: ___________________________________
(Signature)
_________________________________ ___________________________________ Jared Hansen, (Type name and title)
Deputy Director of Finance
COUNTERSIGNED: Address: ____________________________
_________________________________ ____________________________ Dawn Cortesi,
Interim Director of Human Resources Telephone: ____________________________ APPROVED AS TO FORM:
_________________________________
L. David Nefouse,
City Attorney
ATTACHMENT 2
27 | Page
ATTACHMENT 1
REQUEST FOR PROPOSAL
ATTACHMENT 2
28 | Page
ATTACHMENT 2
CONSULTANT’S PROPOSAL
ATTACHMENT 2
29 | Page
ATTACHMENT 3
SCHEDULE OF ACTIVITIES
ATTACHMENT 2
30 | Page
ATTACHMENT 4
INSURANCE DOCUMENTS
ATTACHMENT 2