DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
REQUEST FOR
QUALIFICATIONS
On-Call
Maintenance and Trade Services
March 15, 2023
Proposals Must Be Received By:
April 17, 2023 by 4:00 p.m.
TABLE OF CONTENTS
A. INTRODUCTION
1. About San Pablo
2. Purpose for Request for Qualifications
B. SCOPE OF WORK
C. SOQ REQUIREMENTS
1. Letter of Interest / Cover Letter
2. Firm(s) Statement of Qualifications
3. Scheduling Approach
4. Prevailing Wage
D. SOQ CONDITIONS
1. Local Employment and Contracting Opportunities
2. Questions
3. General Terms and Conditions
4. Agreement Term
E. SOQ PROCEDURE
1. Submission of Proposals
2. Consultant Selection Process
3. Evaluation Criteria
4. Tentative Proposal Schedule
F. ATTACHMENTS
City of San Pablo
2023 RFQ for On-Call Maintenance and Trade Services 4
A. INTRODUCTION
1. About San Pablo
San Pablo is located in western Contra Costa County off Interstate 80, minutes away from the Bay Area cultural centers of Berkeley, Oakland and San Francisco. Interstate 80 is the principal arterial route between the Bay Area and Sacramento. The City of San Pablo is nestled between the cities of Pinole and Richmond and by the neighboring cities of El Cerrito and Hercules. Historically one of the oldest Spanish settlements in the region, San P ablo has become a thriving residential and business community with a population of about 32,000 in an area of approximately two and one-half square miles.
Additional information about the City can be obtained from the City of San Pablo website: www.sanpabloca.gov.
2. Purpose for Request for Qualifications
The City of San Pablo (“City”) invites qualified maintenance and trade contractors (“Contractor”) to submit competitive Statements of Qualifications (“SOQ”) in response to this Request for Qualifications (“RFQ”). The City seeks SOQs from qualified contractors to provide maintenance and trade services in the general disciplines described in the Scope of Work. Successful contractors will be used on an array of work throughout the City as needed.
To guide this effort, the City has developed a two-year budget to outline the proposed operating and capital expenditures. The FY 2022-2024 Adopted Biennial Online Budget Book can be viewed at: https://www.sanpabloca.gov/407/City-Financial-Reports
B. SCOPE OF WORK
The scope of services may include repairs, replacement, and various tasks related to City projects and operations. Under the general direction of City staff, qualified contractors may be responsible for, but not limited to, providing services in the disciplines listed below. Additional related services may be included.
Contractors should select the discipline(s) that best describe their area of expertise and the services proposed to be provided. Consultant firm(s) must have an office located in
Discipline Example Services
1 Mechanical • HVAC Systems
2 Plumbing • Potable Water
• Roof Drainage
• Sewer
3 Tree Services • Arborist Reports
• Tree Trimming/Removal
4 Electrician • Building and Facilities Electrical Repairs City of San Pablo
2023 RFQ for On-Call Maintenance and Trade Services 5
one of the following counties to be eligible for consideration: Contra Costa, Alameda, Santa Clara, San Francisco, San Mateo, Marin, Napa, Sonoma, Solano, or Sacramento.
Successful companies will be awarded an On-Call Master Agreement in the discipline(s) awarded. The Maintenance Superintendent or designee (“POC”) will request fee proposals for individual projects as needs arise. Task Orders for the work will be separately awarded based on estimates supplied by the Contractor in writing which identify the number of hours to be worked and associated labor costs and equipment costs for a particular Task Order . Contractors shall clearly identify aspects of the work proposed to be completed by subcontractors. If during actual work the scope of work changes the Contractor shall notify the POC as soon as possible.
The selected contractor(s) shall use the City of San Pablo’s standard Maintenance and Trade Services Agreement (Agreement.) A copy of the Agreement template is attached to this RFQ. Submitting a SOQ is acceptance of the Agreement as -is. Contractually required insurance coverage and endorsement information is shown in the body of the document.
Being awarded an On-Call Contract is no guarantee of work during the term of the contract.
C. SOQ REQUIREMENTS
Each SOQ must be submitted in compliance with the requirements of this RFQ. The City may, acting in its sole discretion, elect to reject any SOQ that it determines to be nonresponsive. It reserves the right, but not the obligation, to waive any immaterial irregularities.
The SOQ submittal shall be co ncise, well organized, and demonstrate expertise in the discipline(s) for the proposed services to be offered. Submittals shall be limited to 10 8½” x 11” pages. The proposal cover, table of contents, and dividers are NOT included in the page count.
Each SOQ must include the following, organized as Sections 1 through 4:
1. Letter of Interest / Cover Letter
A letter of interest/cover letter must be provided transmitting the firm(s) submittal for consideration. The cover letter shall include the primary con tractor’s name, contact information (phone and email) and business address. Summarize your understanding of the scope of services, identify the selected discipline(s) and briefly introduce your team.
The cover letter shall be signed by the person authorized to negotiate a contract for proposed services with the City on behalf of the Contractor team. The cover letter must state that the sample Maintenance and Trade Services Agreement is acceptable as -is.
Please do not submit a SOQ and subsequently request changes to the template Agreement.
City of San Pablo
2023 RFQ for On-Call Maintenance and Trade Services 6
2. Firm(s) Statement of Qualifications
Provide the qualifications and experience of the firm(s) proposed for the work in the submittal. Reference related work which best illustrates your qualifications for the selected discipline(s). Specifically include other local agencies for which you provide on- call services. Include client name and contact information, description of work, and year of completion. These clients may be called as references for your company.
3. Scheduling Approach
Describe the Contractor’s proposed approach to this type of work and if relevant the typical approach to work similar to this. The approach should identify how the contractor can provide short-notice on-call services and be flexible to potential changes in scope.
4. Prevailing Wage
California Labor Code requires that on public works projec ts, pay to workers must be not less than the general prevailing wage for the work being done, regardless of worker title. Any “contractor to whom (a) contract is awarded, and any subcontractor under (them), shall pay not less than t he specified prevailing rates of wages to all (workers) employed in the execution of the contract.” This does not apply to public works contracts of $1,000 or less. All projects greater than $1,000 require prevailing wage rates. Contractors are required t o make and maintain certified payroll records available for inspection as requested by the City or the California Labor Commissioner for up to three years.
Responsive SOQs must state the Contractor’s understanding and compliance with prevailing wage requirements on public works project.
D. SOQ CONDITIONS
1. Local Employment and Contracting Opportunities
a. Employment of Local Residents.
Pursuant to the San Pablo Economic Opportunity Policy, the Contractor and any subcontractors shall contact the San Pablo Economic Development Corporation (“EDC” at [email protected] or 510-215-3200) at least ten business days prior to hiring or staffing for fulfillment of the Contract, describing number, duties and qualifications needed for available positions, and shall fairly consider for employment any workers referred by the EDC within three business days. “Local Resident” means an individual having an adjusted household income of less than the Area Median Income for Contra Costa County, and domiciled in the City of San Pablo as of the relevant hiring date, with “domiciled” as defined by Section 349(b) of the California Election Code . Discrimination against Local Residents on the basis of their local status is prohibited.
b. Outreach to Local Businesses.
At least fourteen days prior to: (i) Contractor’s submission of a Proposal that includes specified subcontractors and (ii) Contractor’s award of any subcontract to a subcontractor not included in Contractor’s Proposal, the Contractor will contact the San City of San Pablo
2023 RFQ for On-Call Maintenance and Trade Services 7
Pablo Economic Development Corporation (“EDC” at [email protected] or 510 - 215-3200) and provide notice and details regarding subcontracting opportunities. The EDC will notify local businesses of subcontracting opportunities and provide technical assistance to local businesses during the subcontracting bidding process.
2. Questions. Questions regarding this RFQ may be submitted in writing only and directed to Chiara Hanna email: [email protected]. Written responses will be provided in addenda to this RFQ posted via Planet Bids. Written questions must be submitted no later than March 30, 2023 at 4:00 p.m.
3. General Terms and Conditions
a. All proposals, whether selected or rejected, shall become the property of the City.
b. The cost of RFQ preparation shall be that of the Contractor and shall not be paid by the City.
c. SOQs shall be signed by an authorized employee in order to receive consideration.
d. City will not be responsible for SOQs delivered to a person or location other than that specified herein.
e. The successful proposer will be asked to enter into an agreement with the City reflecting the terms and conditions of the proposal based on the City's Maintenance and Trade Services Agreement (Agreement) requirements. A copy of the Agreement and Insurance requirements is included as Exhibit 1 to this RF Q. Award of an agreement is subject to approval by the City Council of the City of San Pablo.
f. Neither the City of San Pablo, it’s City Council, officers, employees, agents, representatives, nor any of its consultants will be liable for any claim or damages resulting from the RFQ process.
g. By submitting a proposal in response to this RFQ, the proposer accepts the evaluation process and acknowledges and accepts that determination will require subjective judgments by the City. All information, documentation, and other materials submitted in response to this solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure after the solicitation is completed.
4. Agreement Term
The anticipated duration of the agreement will be five (5) years. The term is expected to begin July 1, 2023.
A template agreement is attached ( Exhibit 1) that includes terms regarding conflict of interest, insurance, indemnification and assignment. The consultant selected to perform the work will be required to comply with these terms.
E. SOQ PROCEDURE
City of San Pablo
2023 RFQ for On-Call Maintenance and Trade Services 8
1. Submission of Statement of Qualifications
All Proposals must be submitted via Planet Bids by April 17, 2023, no later than 4:00 p.m. (“SOQ Deadline”).
Proposals may not be modified after the SOQ Deadline. No paper submittals will be reviewed or considered.
2. Contractor Selection Process
The first step in the evaluation process will be to determine that each submittal contains all forms and other information required by this RFQ. Any submittals missing the required information may be considered nonresponsive and rejected without evaluation.
Late submittals, submittals to the wrong location, and submittals with inadequate copies are considered nonresponsive and shall be rejected. Submittal of additional information after the due date shall not be allowed.
All SOQs will be evaluated by a City of San Pablo Selection Committee. The Selection Committee, made up of key City staff and other parties that may have expertise or experience in the services described herein, will review all submittals deemed complete according to the evaluation criteria and weighting factors below. The Selection Committee will make independent random checks of one or more of the contractor’s references.
The Selection Committee will establish a shortlist of contractors to be considered best qualified to perform the contract work. The selection process may include oral interviews. The contractor will be notified of the time and place of oral interviews and of any additional information that may be required to be submitted. Staff will recommend a contract be awarded if contract negotiations are successful.
3. Evaluation Criteria
Proposals will be evaluated according to each criterion below. The scores for all the Criteria will be added for each propo sal. The proposal with the highest score will be deemed as the best proposal. The total maximum score for any project is 100 points.
Criteria Maximum
Points
A Completeness of Response Pass/Fail
B Understanding of the Work 30
C Experience with Similar Work 30
D References 35
E Local Subcontracting Approach/ Local Employment Approach 5 Total 100
City of San Pablo
2023 RFQ for On-Call Maintenance and Trade Services 9
A. Completeness of Response (Pass/Fail)
Responses to this RFQ must be complete. Responses that do not include the proposal content requirements identified within this RFQ and subsequent addenda and do not address each of the items listed below will be considered incomplete, be rated a Fail in the Evaluation Criteria and will receive no further consideration.
B. Understanding of the Potential Work for each Selected Discipline (30 points) Demonstrated understanding of the work to be done for the City by each discipline proposed. Identification of potential issues and overall approach will be assessed.
C. Experience with Similar Work (30 points)
Experience of the Contractor with similar projects, including local knowledge, expedited timelines, and working with local agencies, as appropriate.
D. References (35 points)
References for the Contractor for the disciplines selected.
E. Local Subcontracting Approach/ Local Employment Approach (5 points) Demonstrated understanding of the City’s Economic Opportunity Policy and when and how the Contractor might implement the Policy requirements.
4. Tentative Schedule
Below is a tentative schedule for the selection and procurement process. Dates are subject to change by City staff and/or unforeseen circumstances.
Item Date
RFP/RFQ Release Date March 15, 2023
Deadline to submit any questions March 30, 2023, 4:00 pm Proposal/SOQ submittal date April 17, 2023, 4:00 pm
Proposal review April 18-24, 2023
Selection/negotiation/award period May 2023
F. ATTACHMENTS
Exhibit 1 – Template Maintenance and Trade Agreement
City of San Pablo
2023 RFQ for On-Call Maintenance and Trade Services 10
EXHIBIT 1
MAINTENANCE AND TRADE AGREEMENT
TEMPLATE
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MAINTENANCE AND TRADE SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____day of _________ 202_ between ____________________________("Service Provider") and the CITY OF SAN PABLO, a municipal corporation ("City").
RECITALS
A. Service Provider is qualified and experienced in providing services for the purposes specified in this Agreement.
B. City finds it necessary and advisable to obtain these services from Service Provider for the purposes provided in this Agreement.
NOW THEREFORE, in consideration of the mutual covenants and conditions in this Agreement, City and Service Provider agree as follows:
1. Services to be Performed. The work will consist of providing services for the City of San Pablo to ____________________ as described further in Exhibit A, Scope of Work, which is attached and incorporated to the extent consistent with this Agreement.
2. Compensation. The total compensation under this Agreement shall not exceed ________________, with the details set forth in Exhibit A, which is attached and incorporated to the extent consistent with this Agreement.
3. Term. The term of this Agreement will expire on __________________.
4. Method of Payment. Payment shall be made within thirty (30) days of receipt of Service Provider invoice and approval by City. Delivery of any goods shall not constitute acceptance of any goods.
5. Indemnification. Service Provider shall indemnify, save and hold harmless from and defend the City, its officers, agents and employees, against any and all claims, costs, demands, causes of action, suits, losses, expense or liability arising from, or alleged to have arisen, from any acts or omissions of Service Provider, its agents, sub-contractors, officials or employees, in connection with the execution of the work covered by this Agreement, as it may be amended, except for the sole negligence or willful misconduct of City. This indemnification includes any claim that the materials or equipment provided under this Agreement, or any tool, article or process used in manufacture of such tools or equipment, constitutes an infringement of any patent issued by the United States. This entire indemnification provision shall survive termination or cancellation of this Agreement.
6. Insurance. During the term of this Agreement, Service Provider shall maintain at its own cost and expense the following insurance coverage against claims for injuries to persons or damages to property that may arise from or in connection the performance of 7/22 Page 2
the work under this Agreement and the results of that work by the Service Provider, its agents, representatives, employees or subcontractors, with insurers with an A.M. Best's rating of no less than A:VII unless otherwise accepted by the City in writing:
a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 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.
b. Railroad Protective Liability. If Service Provider services include work within 50 feet of a railroad right of way, the Service Provider shall have removed any exclusion on their liability policy limiting coverage for work near a railroad, or shall provide a Railroad Protective Liability policy in favor of the City. Limits for such coverage shall be no less than $5,000,000.
c. Automobile Liability Insurance. ISO Form Number CA 00 01 covering any auto (Code 1), or if Service Provider has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
d. Workers' Compensation Insurance. 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. For services deemed public works, by signing this agreement, Service Provider is certifying, pursuant to Section 1861 of the California Labor Code, that: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' 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."
e. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
i. Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Service Provider including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Service Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used).
ii. Primary Coverage. For any claims related to this contract, the Service Provider’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the 7/22 Page 3
City, its officers, officials, employees, or volunteers shall be excess of the Service Provider’s insurance and shall not contribute with it.
iii. Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
iv. Waiver of Subrogation. Service Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Service Provider may acquire against the City by virtue of the payment of any loss under such insurance. Service Provider 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 City has received a waiver of subrogation endorsement from the insurer.
v. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Service Provider to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
e. Certificate of Insurance and Endorsements. Service Provider 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 City before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive the Service Provider’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
f. Subcontractors. Service Provider shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming additional insureds.
g. Higher limits. If the Service Provider maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Service Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
7. Independent Contractor. At all times during the term of this Agreement, Service Provider shall be an independent contractor and shall not be an employee of City. City shall have the right to control Service Provider only insofar as the results of Service Provider’s services rendered pursuant to this Agreement and other requirements set forth in the bid or contract documents; otherwise City shall not have the right to control the means by which Service Provider accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Service Provider and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become 7/22 Page 4
entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
8. Warranty Against Defects. Service Provider warrants all work done and goods provided under this Agreement shall: a) meet all conditions of the Agreement; b) shall be free from all defects in design, material and workmanship; and 3) shall be fit for the purposes intended. If any defects occur within 12 months following acceptance or any longer period of time provided by Service Provider’s or manufacturers standard warranty, Service Provider shall be solely responsible for the correction of those defects.
9. Labor Code Prevailing Wage. To the extent applicable, Service Provider shall comply with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, workers' compensation and prevailing wages including:
a. No less than the general prevailing rate of per diem wages, and not less than the general prevailing rate of per diem wages for holidays and overtime work, for each craft, classification or type of worker needed to execute the work under this Agreement shall be paid to all workers, laborers and mechanics employed in the execution of the work by the Service Provider or any subcontractor doing or contracting to do any part of the work. The appropriate determination of the Director of the California Department of Industrial Relations shall be filed with, and available for inspection, at the City offices.
Service Provider shall post, at each job site, a copy of the prevailing rate of per diem wages. The Contractor shall forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for any public work done under the Agreement by it or by any subcontractor under Service Provider.
b. City will not accept a bid proposal or enter into Agreement, without proof that the Service Provider and its subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work under Labor Code Section 1725.5, subject to limited legal exceptions.
10. Notices. This Agreement shall be administered by __________________ ("Contract Administrator"). Any formal written notice to Service Provider shall be sent to: ____________________________________________
____________________________________________
____________________________________________
____________________________________________
Any formal written notice to City shall be sent to:
City Manager
City of San Pablo
San Pablo City Hall
1000 Gateway Avenue
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San Pablo, CA 94806
11. Federal Funding Requirements (if applicable). If this Agreement is subject to federal funding, in whole or in part, it must comply with the uniform federal award procurement requirements set forth in 2 CFR §§ 200.318 – 200.326, as may be amended from time to time, and contain the applicable provisions described in Appendix II to Part 200 – Contract Provisions for non-Federal Entity Contracts Under Federal Awards, which are attached to this Agreement as Exhibit B.
[Indicate whether the Agreement is subject to federal funding by checking the appropriate box below.]
This Agreement is subject to federal funding. See Exhibit B. □ This Agreement is not subject to federal funding. □
12. Employment Practices.
a. Employment of Local Residents. Pursuant to the San Pablo Economic Opportunity Policy, the Contractor and any subcontractors shall contact the San Pablo Economic Development Corporation (“EDC” at [email protected] or 510-215-3200) at least ten business days prior to hiring or staffing for fulfillment of the Contract, describing number, duties and qualifications needed for available positions, and shall fairly consider for employment any workers referred by the EDC within three business days. “Local Resident” means an individual having an adjusted household income of less than the Area Median Income for Contra Costa County, and domiciled in the City of San Pablo as of the relevant hiring date, with “domiciled” as defined by Section 349(b) of the California Election Code. Discrimination against Local Residents on the basis of their local status is prohibited.
b. Compliance With Law. Contractor represents that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal opportunity employment. Contractor shall not discriminate in the employment of any person because of race, color, national origin, ancestry, physical or mental disability, medical condition, marital status, sex, age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act. Contractor shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 (ADA) in performing its obligations under this Agreement. Failure to comply with the provisions of the ADA shall be a material breach of, and grounds for the immediate termination of, this Agreement. In performing work and providing services under this Agreement, Contractor shall, at its sole cost and expense, comply with all applicable laws of the United States and the State of California; the Ordinances of the City of San Pablo; and the rules, regulations, orders and directories of their respective administrative agencies and the officers thereof.
13. Local Subcontracting – Outreach. Contractor shall contact the San Pablo Economic Development Corporation (the “EDC” at [email protected] or 510-215- 3200) at least two weeks prior to any subcontract award, providing notice and details 7/22 Page 6
regarding subcontracting opportunity. The EDC shall notify qualified local businesses of subcontracting opportunities, and provide technical assistance to qualified local businesses during the subcontracting bidding process.
14. Miscellaneous Provisions.
a. City may terminate this Agreement at any time for cause or for convenience by mailing a notice to Service Provider. Service Provider shall be paid for that portion of goods accepted and/or services satisfactorily completed when notice is received. Service Provider may not terminate this Agreement.
b. Service Provider shall not assign or transfer this Agreement.
c. City reserves all rights and remedies available under the law and pursuant to the terms of this Agreement. If either City or Service Provider waive a breach of this Agreement, such waiver shall not constitute a waiver of other or succeeding breaches of this Agreement.
d. This Agreement constitutes the entire understanding of the parties.
e. This Agreement may only be modified by a writing signed by the authorized representative of both parties.
f. Service Provider covenants that it has obtained all certificates, licenses, including a City Business License, permits or the like required by any federal, state or local regulatory agency in order to perform the work under this Agreement.
g. Service Provider shall comply with all federal, state and local laws, regulations and rules, including but not limited to applicable safety and environmental laws. Service Provider shall bear full and exclusive responsibility for any release of hazardous or non- hazardous substances and disposal of hazardous wastes.
h. Service Provider shall comply with current COVID-19 health orders issued by Contra Costa County Health Services at: https://www.coronavirus.cchealth.org/health- orders. Service Provider shall comply with these requirements and contact City staff immediately if there is any issue with compliance. In addition, the City requires all contractors/consultants providing services at City facilities or City worksites to provide proof of COVID-19 vaccination, as well as comply with the City’s COVID policies on- site.
i. The Service Provider will permit the City to audit, examine and make copies of all contracts, invoices, payrolls and other documents or data relating to this Agreement.
Such records shall be maintained for three years from the date of final payment under this Agreement.
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j. This Agreement shall be governed by the laws of the State of California, with venue for any action under this Agreement in Contra Costa County, California.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
CITY OF SAN PABLO: SERVICE PROVIDER:
By: ____________________ By:__________________
Matt Rodriguez, City Manager
Title:________________
By:__________________
Title:_________________
(Second signature required if a corporation)
ATTEST:
_____________________________________
Dorothy Gantt, City Clerk of City of San Pablo
APPROVED AS TO FORM:
______________________________
Teresa L. Stricker, City Attorney
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Exhibit B
Federal Contract Provisions
Federally Funded Projects. This Project is funded in whole or in part by federal funds and subject to the following federal requirements under the terms of the funding agreement(s) between City and the federal agency or agencies providing federal funds, which are fully incorporated by this reference and made part of the Agreement. Copies of any funding agreement between City and a funding agency will be made available upon request.
1. Equal Opportunity. If this Agreement is for public works, during the performance of this Agreement, the Contractor agrees as follows:
(A) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(B) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(C) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision will not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.
(D) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or 7/22 Page 9
understanding, a notice to be provided advising the labor union or workers' representatives of the Contractor’s commitments under this section, and will post copies of the notice in conspicuous places available to employees and applicants for employment.
(E) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the United States Secretary of Labor.
(F) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the United States Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the United States Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(G) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further federal government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the United States Secretary of Labor, or as otherwise provided by law.
(H) The Contractor will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (H) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the United States Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the City or funding agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the City or funding agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
2. Davis-Bacon Act. If this Agreement is for public works, Contractor will pay wages to laborers and mechanics, not less than once a week, and at a rate not less than the current federal prevailing wages specified in the Davis-Bacon Act Wage Determination attached hereto and incorporated herein. By entering into this Agreement, Contractor accepts the attached Wage Determination. <The current Davis-Bacon Act Wage Determination, which may be accessed at https://www.wdol.gov/dba.aspx must be printed and included with the Agreement.>
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3. Copeland “Anti-Kickback” Act. If this Agreement is for public works, Contractor will comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 CFR Part 3 as may be applicable, which are incorporated by reference into this Agreement. Contractor and subcontractors must insert this requirement into subcontracts of any tier. Contractor is responsible for compliance with these requirements by each subcontractor of any tier.
4. Contract Work Hours and Safety Standards Act. In addition to the California state law requirements in Article 9 of the General Conditions, Contractor and each subcontractor must comply with the requirements of the federal Contract Work Hours and Safety Standards Act, as set forth in 40 U.S.C. 3701-3708, as supplemented by the regulations set forth in 29 CFR Part 5, as may be amended from time to time, which are fully incorporated herein, including:
(A) No Contractor or subcontractor will require or permit any laborer or mechanic performing Work for the Project to work in excess of 40 hours in a work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours during that work week.
(B) If Contractor or a subcontractor violates this requirement, the Contractor and any responsible subcontractor will be liable for the unpaid wages. In addition, the Contractor and subcontractor will be liable to the United States for liquidated damages. The liquidated damages will be computed with respect to each individual worker as specified under federal law.
(C) Contractor and subcontractors must insert this requirement into subcontracts of any tier. Contractor is responsible for compliance with these requirements by each subcontractor of any tier.
5. Rights to Inventions. If the federal funding for this Agreement meets the definition of “funding agreement” under 37 CFR section 401.2(a) and constitutes an agreement between the City and a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency, will apply to this Agreement and are fully incorporated into the Agreement by this reference.
6. Clean Air Act. If the Agreement is for an amount in excess of $150,000, Contractor and each subcontractor must comply with the requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401-7671q), which are fully incorporated into the Agreement by this reference, including requirements for reporting violations to the awarding agency and the applicable Regional Office for the Environmental Protection 7/22 Page 11
Agency. Contractor and subcontractors must insert this requirement into subcontracts of any tier in excess of $150,000.
7. Federal Water Pollution Control Act. If the Agreement is for an amount in excess of $150,000, the requirements of the Federal Water Pollution Control Act (33 U.S.C. §§ 1251-1387) apply to this Agreement and are fully incorporated into the Agreement by this reference, including requirements for reporting violations to the awarding agency and the applicable Regional Office for the Environmental Protection Agency requirements for reporting violations. Contractor and subcontractors must insert this requirement into subcontracts of any tier in excess of $150,000.
8. Suspension and Debarment. Contractor is required to verify that neither it, nor its principals, as defined at 2 CFR section 180.995, or its affiliates, as defined at 2 CFR section 180.905, are excluded or disqualified, as defined at 2 CFR sections 180.935 and 180.940. Contractor must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, and must include a provision requiring compliance with these regulations in any subcontract of any tier. If it is later determined that the Contractor did not comply with the applicable subparts, the Federal Government may pursue available remedies, including, but not limited to, suspension and/or debarment. By submitting a bid and entering into this Agreement, Contractor agrees to comply with these requirements.
9. Byrd Anti-Lobbying Amendment. If the Agreement is for an amount in excess of $100,000, Contractor must comply with the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and file the certification provided at 44 CFR Part 18, Appendix A, and any disclosures, with the applicable federal agency. Each tier certifies to the tier above that it will not and has not used federal-appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier will also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures will be forwarded from tier to tier up to the recipient.
10. Procurement of Recovered Materials. The requirements of section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962, apply to this Agreement and are fully incorporated into the Agreement by this reference. For individual purchases of $10,000 or more, Contractor will make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (A) competitively within the Contract schedule, (B) in conformance with Contract performance requirements, or (C) at a reasonable price. Information on this requirement, including a list of EPA-designated items, is available at the EPA’s Comprehensive Procurement Guidelines website:
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
11. Small and Minority Businesses. When procuring subcontractors, Contractor must take all necessary affirmative steps pursuant to 2 CFR § 200.321(b), subject to the limitations of law, to ensure that minority businesses, women’s business 7/22 Page 12
enterprises, and labor surplus area firms are used when possible. Affirmative steps must include:
(A) Placing qualified small and minority businesses and women’s business enterprises on solicitation lists.
(B) Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources.
(C) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women’s business enterprises.
(D) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises.
(E) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.