RFP - Building Engineer and Building Maintenance Service

The City of Alameda (“City”) manages many real property assets. The City is seeking an experienced team to provide building engineer and building maintenance services for the City’s diverse commercial real estate portfolio. The City intends to enter into one five-year service provider agreement for these services. The primary point of contact for day-to-day management of this contract will be with the City’s Commercial Property Manager, LPC West LP (or any successor thereto).
For the purposes of this Request for Proposals (“RFP”), the term “Proposer” means individuals, teams, firms, or any combination thereof, who timely submit a Proposal or consideration in response to this RFP. The term “Proposal” means all documents, maps, photographs, and any other written materials plus any information communicated orally during the interview or during the negotiation process from the Proposer to the City in support of the Proposer’s candidacy for selection.
Any Proposer that wishes to be considered for this work must submit a complete proposal containing all the information requested in this RFP, attend the required Pre-proposal Meeting and Site Tour and participate in an interview, if invited.
Any Proposal received prior the submission deadline may be modified by written addendum or withdrawn by written request from the Proposer to the City up to the official time when all proposals are due.

The City of Alameda is an island city located in the heart of the San Francisco Bay Area, centrally located near the Oakland San Francisco Bay International Airport, and is accessible by road, bridge and water, with convenient, scenic ferry service to and from San Francisco. The City is business friendly, with a City Council and staff dedicated to growing the local economy and attracting even more innovative and creative companies.
The former Naval Air Station Alameda (“Alameda Point”) located along the northwestern part of the island, has largely been conveyed to the City by the Navy. It is home to many World War II and Cold War era buildings, some leased and some vacant. More information about Alameda Point including detailed maps can be found at the City's Alameda Point Website
The specific duties for which the City is seeking Proposals are further described in the Scope of Work (Attachment A) . The portion of the City’s real-property portfolio relevant to this RFP is included as Attachment A-1 (collectively “Property Portfolio” or “Properties”). Note that the City is seeking a minimum of two positions, one building engineer and one maintenance worker, for this RFP.

RFP ISSUED	Friday March 13, 2026
Mandatory Pre Proposal Meeting & Site Tour	March 26, 2026, at 1:00 pm City Hall West, Conf. RM. 201
Deadline for RFP Questions (Requests for Information)	Monday March 30, 2026 by 5:00 PM Via email to alamedapoint@lpc.com Subject: “Building Engineer and Maintenance Services RFP”
RFP Q&A Posted RFP Q&A Posted	Thursday April2, 2026 by 5:00 PM on City Website
Proposals Due	Monday, April 6, 2026 by 1:59PM
RFP Interviews*	Week of April 20, 2026
City Council Selection*	May 19, 2026
Assignment Start Date*	July 1, 2026
* These dates are subject to change

The City will host a mandatory Pre-Proposal Meeting and Site Tour on Thursday, March 26, 2026, beginning at 1:00 PM at City Hall West, 950 West Mall Square, Conference Room 201, in Alameda. Proposer/attendees should have their own vehicle transportation, and a route map will be provided.
Please email any questions regarding this RFP to Sheba Challenger at alamedapoint@lpc.com by 5:00 PM Pacific Time on Monday March 30, 2026. Answers will be posted on on the webpage for this RPF, below .
The Project Manager for this RFP Project is:

Sheba Challenger

LPC West LPC for the City of Alameda

950 W. Mall Square, Suite 239

Alameda CA 94501
Pre-proposal questions will be accepted from the RFP issue date until the question deadline, (as amended by written addendum, if any).
Proposers must identify and submit questions in writing for clarification of any ambiguities or inconsistencies contained in this RFP or its exhibits/attachments prior to the question deadline. Proposers will be barred from protesting such ambiguities and/or inconsistencies if they fail to timely submit a question. However, a Proposer shall not be required to submit a question regarding any ambiguities or inconsistencies that have already been the subject of a timely submitted question from another potential Proposer.
The City shall not be bound by oral explanations or instructions given at any time during the RFP process. Written responses to substantive question(s) asked by one Proposer will be provided on the City’s website.

All submittals must follow the format guidelines and content requirements listed below.  Nonconforming submittals may be rejected as nonresponsive.

1. Letter of Interest. (4 page maximum).  Please include in the submittal a letter introducing the Provider, that includes all of the following:

a. The name of entity, its mailing address, telephone number and email address, and a description of the organization.

b. A statement confirming that the Proposer has the availability and time to dedicate the personnel and resources necessary to perform duties included in the Scope of Work and will adhere to the provisions described in the RFQ.

c. A statement confirming that the Proposer has the minimum qualifications listed required in Section V 2.

d. If selected, the Proposer will be expected to sign a service provider agreement with the City. The standard service provider agreement and associated insurance requirements are included as Attachment B . Any questions or exceptions to the standard service provider agreement and/or insurance requirements must be identified in the letter of interest. Otherwise, the letter of interest must state that there are no questions or exceptions.

e. Please identify the contact person responsible for the submittal, specifying the name, title and contact information.

f. Please note that the person signing the letter of interest must be a legal representative of the Proposer, authorized to bind the Proposer to an agreement in the event of an award.

2. Statement of Qualifications (Relevant Experience of Key Personnel and the Firm). (7 page maximum). Please include documentation of:

a. Key Personnel Experience. The submittal must identify the key personnel that are to be assigned if awarded a contract, detailing their qualifications, areas of expertise, a summary of their past experience performing similar services for Alameda or neighboring jurisdictions in the San Francisco Bay Area, and a resume of each key personnel.

b. Firm Experience. The submittal must describe the firm’s pertinent experience, including a list of relevant portfolios, projects, past performance, individual or team accomplishments, and examples of similar work in the San Francisco Bay Area.

c. General Firm Information. General firm information including the number of employees, location of firm headquarters, branch offices, and number of years in business should also be provided. Please note that general firm information is not a substitute for the specific information requested in Sections IV.2.a and b above.

3. Fee Structure. Please include a clear and comprehensive fee schedule, including a detailed statement of hourly rates for all positions, classifications of individuals involved, and reimbursable expenses (including vehicles and tools), using the Fee Structure Worksheet included as Attachment C . Please present both full-time and part-time rates for Building Engineer position.

4. Client References. Proposers must provide a minimum of four (4) client references. Please complete and include the Client Reference Worksheet (Attachment D) . Proposer’s submission of a completed Attachment D constitutes Proposer’s express consent for the City to contact the listed references in relation to this RFP.

5. City of Alameda Local Business Preference. Alameda Municipal Code (AMC) section 2-62.4 provides for a local business preference of five percent (5%) that may be awarded to Alameda local businesses who request the preference and who meet the requirements contained in AMC section 2-62.1 et seq. AMC section 2-62.1 defines a local business as “a business firm with fixed offices or locally taxable distribution points within the boundaries of the City of Alameda which holds a current [Alameda] business license with an Alameda business address which is not a post office box.” If a Proposer meets these qualifications and wishes to apply for the preference, please include: (1) a written request for the local preference; (2) a copy of Proposer’s Alameda business license showing an Alameda business address; and (3) a statement of how long Proposer has been an Alameda local business.

Proposers must submit one (1) complete, bound, double-sided, hard copy plus one (1) digital copy on an electronic thumb drive. All submitted material becomes the property of the City of Alameda. Proposals must be in a sealed envelope and shall be submitted by mail or in person by 1:59 PM on Monday April 6, 2026 to:

Sheba Challenger

LPC West LPC for the City of Alameda

950 W. Mall Square, Suite 239

Alameda CA 94501
Late proposals will not be accepted.
Submittals shall be clearly marked on the outside envelope with “Proposal for Building Engineer and Building Maintenance Services for City of Alameda’s Commercial Real Estate Assets”

1. Submittals Must be Valid for Ninety (90) Days. The Proposer agrees to be bound by its submittal for a period of ninety (90) days commencing on the submittal deadline, during which time the City may request clarification of the proposal for the purpose of evaluation. Amendments or clarifications shall not affect the remainder of the proposal, but only that portion so amended or clarified.

2. Late Proposals. Proposals delivered or received after 1:59 PM on Monday April 6, 2026, will not be considered and will be returned to the Proposer unopened. The City assumes no responsibility for delays caused by mail, courier or other delivery services.

3. Early Proposals. Any proposal received prior to the submission deadline may be modified or withdrawn by written request from the Proposer to the City, up until the time the submission deadline passes.

Proposals received by the deadline will be reviewed by a selection panel with relevant knowledge and experience. The panel will score proposals using the following criteria:
1. Letter of Interest. Availability, demonstrated capacity, and qualifications necessary to provide the services specified in the RFQ; inclusion of all required elements from Section V. (25 Points Maximum)
2. Relevant Experience.

a. Demonstrated ability, based on firm experience and specific experience of key personnel, to perform the tasks included in Attachment A, Scope of Work. (20 Points Maximum)

b. Prior experience, including ability to work with property management teams and local governments. (20 Points Maximum)
3. Responsiveness to the RFQ. Presentation, completeness, and clarity of information provided. (10 Points Maximum)
4. Fee Structure. The Proposer’s cost competitiveness and reasonableness. (25 Points Maximum)
5. Client References. (Pass/Fail)
6. Acceptance of City Service Provider Agreement and Insurance Requirements (Pass/Fail).
7. City of Alameda Local Business Preference. (Optional, 5 Bonus Points)
The submittals will be scored on a zero to 100-point scale, excluding bonus points.

A. Nondiscrimination. The City will not discriminate against any interested Proposer on the grounds of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation.
B. City’s Right to Modify RFP. The City reserves the right at its sole discretion to modify this RFP (including but not limited to the selection criteria) should the City deem that it is in its best interests to do so. Any changes to the proposal requirements will be made by written addendum. The failure of a Proposer to read the latest addendums shall have no effect on the validity of such modification.
C. City’s Right to Cancel RFP. The City reserves the right at its sole discretion to cancel this RFP in part or in its entirety should the City deem that it is in the City’s best interests to do so.
D. City’s Right to Reject All Submittals. The City reserves the right, in its sole discretion, to reject all submittals should the City deem that it is in its best interests to do so.
E. City’s Right to Extend RFP Deadlines. The City reserves the right to extend the deadline for submittals by written addendum should the City deem that it is in its best interests to do so.
F. City Right to Negotiate With Proposers. The City reserves the right to negotiate with the Proposers regarding price and terms in their submittals and to require the selected Proposer to submit such technical, price, or other revisions of their submittals as may result from negotiations.
G. Standard Form Service Provider Agreement & Insurance. Proposers acknowledge that the successful proposer will be expected to sign a service provider agreement with the City. The standard service provider agreement and associated insurance requirements are attached as Attachment B.

Comments or exceptions, if any, to the standard service provider agreement and/or insurance requirements must be noted in the Letter of Interest. It is understood that Proposers have reviewed the service provider agreement and will take exception only to those items identified in their Letter of Interest.

The City’s review of a Proposer’s submittal does not constitute an acceptance by the City of the Proposer’s recommended changes to the service provider agreement, if any. If there are any concerns or proposed exceptions requested to the standard service provider agreement, these issues will be discussed at the time the City awards a contract, if any.
H. Cost of Submittals. All costs incurred during submittal preparation or in any way associated with the Proposer’s preparations or submission shall be the sole responsibility of the Proposer.
I. Liability for Submittal Errors. Proposers are liable for all errors and omissions contained in their submittals.
J. Permits and Licenses. Proposers, at their sole expense, shall obtain and maintain during the term of any agreement, all appropriate permits, certificates and licenses including, but not limited to, a City Business License.

Attachment A Scope of Work for Building Engineer and Maintenance Services RFP and Attachment A-1 List of Commercial Buildings is available in PDF format here, or can be viewed below. (PDF, 208KB)

Attachment A – Scope of Work Purpose

The Provider shall support the City of Alameda and Property Management team by conducting building inspections, collecting and recording observations and data, documenting facility conditions, coordinating with vendors, and performing minor non-maintenance deterrent tasks. These services are designed to preserve building integrity, inform future capital planning, and deter vandalism or unauthorized entry.

Excluded from this Scope of Work: Responsibilities for municipal buildings, parks, and other facilities that are serviced and maintained by the City’s Public Works, Fire, Police or Recreation and Parks Departments.

There are two positions for this Scope of Work:

A. Building Engineer

B. Maintenance Support

1. Routine Property Inspections - Engineer

• Conduct visual inspections of assigned buildings and surrounding grounds.

• Document and report on signs of vandalism, deterioration, water intrusion, fire hazards, or unauthorized access.

• Submit standardized inspection logs, photo documentation, and urgent issue alerts to Property Management team.

2. Roof Inspections (Visual Only) - Engineer

• Access roofs where safe and permitted, using existing ladders, hatches, or stairs — no climbing or harness work.

• Document general roof condition: visible membrane damage, standing water, debris, unsecured hatches, missing drainage components or other obvious hazards.

• Conduct minor routine roof cleaning as directed.

• Take overhead photos of equipment or concerns to support long-term planning.

• No roof repairs, patching, or invasive testing permitted under this contract.

3. Site Security & Nuisance Abatement (Non-Structural) - Maintenance

• Re-secure previously boarded windows or doors using plywood and screws.

• Perform board-ups as directed.

• Cover graffiti with paint on previously painted surfaces (no stripping, prep, or primer).

• Remove debris, trash, or illegal dumping at building entrances, lots/yards and walkways.

• Scope excludes demolition, system removals, or hazardous materials remediation.

5. Utility Monitoring - Engineer

• Read and log visible water meter readings monthly, and irrigation valves during each inspection. Report data to Property Management.

• Report abnormal readings or signs of damage (e.g., meter box tampering, continuous water flow).

• Perform emergency shut off or report to agencies if outside scope of expertise.

• Does not include major leak repair, or pipe work/replacement.

6. Equipment Inventory & Capital Planning Support - Engineer

• Develop and maintain an equipment list for each building (rooftop units, boilers, water heaters, fire panels, etc.).

• Document make, model, serial number, and visible nameplate data — no removal of access panels.

• Visually inspect, track, and report on equipment condition to Property Management team.

• Assist Property Management with:

o  Creating capital replacement plans.

o  Estimate equipment age and remaining useful life.

o  Design future preventive maintenance schedules.

7. General Reporting & Recommendations - Engineer

• Provide written summaries and inspection findings on a recurring basis.

• Submit informal recommendations to PM for scope of vendor-performed repairs and maintenance, including pictures and narrative descriptions.

• Assist Property Management team, as needed, to comply with City’s procurement policies with scope writing, bid collection and assessment, contractor selection, and competitive RFP package preparation.

• Regularly attend meetings with PM and City to coordinate.

8. Vendor Support & Access Control – Engineer/Maintenance

• Escort City-authorized vendors (e.g., roofers, environmental consultants, security contractors) on site.

• Provide access to buildings and utility rooms, and ensure vendors secure the building upon exit.

• Report if vendors arrive late, fail to complete work to a satisfactory standard, or leave unsafe conditions.

9. Safety and General Conditions – Engineer/Maintenance

• All work is to be in compliance with local, state, and federal regulatory requirements.

• Use appropriate PPE

• Report immediately any unsafe conditions such as unsecured openings, fire hazards, or major or concerning water intrusion.

• No work may be performed on live systems, rooftops without fall protection, or in locked areas without Property Management’s approval.

10. Communication & Administration – Engineer/Maintenance

• Maintain clear digital logs, photos, inspection checklists, and inventory forms.

• Provide ad hoc support for documentation needed for grant or CIP planning.

• Attend weekly meetings with Property Management team to review general conditions and action items.

11. Additional Scope and Responsibilities – Engineer/Maintenance

• Fire Alarm Monitoring

o Coordinate and maintain monthly and quarterly testing with vendors

o Maintain inspection reports, documentation of deficiencies, corrections, etc

• Fire Sprinkler & Standpipe

o Coordinate and maintain annual and 5-year testing for all leased and vacant buildings.

o Maintain inspection reports, documentation of deficiencies, corrections, permits, etc.

o Identify and track buildings with fire pumps

• Fire Extinguishers

o Complete monthly inspections in Property Management and Security Patrol offices, common areas, as identified in leased buildings, and vacant spaces.

o Coordinate annual inspections with third-party vendors.

• Backflow Prevention Devices

o Maintain a master list of all backflows managed by Property Manager

o Coordinate annual testing and documentation

• Tenant Interactions As Required

o Coordinating access for vendors

• Licensed areas/Special Events

o Signage Installation, removal and repair or replacement of damaged signs

o Lock & keys maintenance and rekeying

o Survey of conditions after a Special Event, report damage, significant debris or trash left behind.

Attachment A-1 List of Commercial Properties

City of Alameda Commercial Properties
Bldg	Property	Type	Tidelands	Approx Sq. Ft.
2	1025 W. Midway Ave. (multiple addresses)	Adaptive Reuse (Office/Residential)	No	214,439
3	2651 Lexington St	Adaptive Reuse (Office/Residential)	No	55,327
4	2701 Lexington St	Adaptive Reuse (Office/Residential)	No	228,880
7	851 W. Midway Ave	Adaptive Reuse (R&D/Lab/Office)	No	15,072
10	2221 Lexington St	Adaptive Reuse (R&D/Office)	Yes	17,715
11	1190 W. Tower Ave	Adaptive Reuse (R&D/Warehouse)	No	110,651
12	1050 W. Tower Ave.	Adaptive Reuse (R&D/Warehouse)	No	110,561
14	1800 Ferry Point	Town Center (R&D/Warehouse)	No	31,394
15	1610 Ferry Point	Maritime (Other/Boathouse/Office)	Yes	16,603
16	2600 Saratoga St	Adaptive Reuse (Office/Medical)	No	39,130
18	2700 Saratoga Street	Adaptive Reuse (Former Theater)	No	25,747
19	2175 Monarch St	Adaptive Reuse(Office/Other)	No	20,881
20	2701 Monarch Street	Adaptive Reuse (Hanger)	No	63,972
21	2601 Monarch Street	Adaptive Reuse (Hanger)	No	65,000
22	2501 Monarch St.	Adaptive Reuse (Hanger/Multi-tenant)	No	65,000
24	2301 Monarch Street	Adaptive Reuse (Hanger/Multi-tenant)	No	63,000
25	1951 Monarch Street	Adaptive Reuse (Hanger/Multi-tenant)	No	55,365
29	1701 Monarch Street	Maritime (Other/R&D)	Yes	19,480
30/31	2900 Navy Way Guard House/Sentry House	Adaptive Reuse (Other)	Yes	5,196
32	2451 Saratoga St	Adaptive Reuse (R&D/Warehouse)	Yes	56,640
39	950 W. Tower Ave	Town Center (R&D/Warehouse)	Yes	106,000
41	650 W. Tower	Adaptive Reuse (R&D/Warehouse)	No	118,041
42	2480 Monarch Street	Adaptive Reuse (R&D/Comm Kitchen)	No	2,965
43	2440 Monarch Street	Adaptive Reuse (R&D/Warehouse/Multi-tenant)	No	10,500
44	2400 Monarch Street	Adaptive Reuse (R&D/Warehouse/Multi-tenant)	No	5,073
62	1040 W. Midway Ave	Adaptive Reuse (Office)	No	42,737
63	2650 Monarch St	Adaptive Reuse (Warehouse)	No	5,100
64	1651 Ferry Point	Maritime (Storage)	Yes	986
68	1610 Ferry Point	Maritime (Storage)	Yes	1,600
77	2151 Ferry Point	Town Center (Other/Museum)	No	21,136
92	650 W. Ranger Ave	Town Center (Warehouse)	No	89,018
94	2790 Saratoga St	Adaptive Reuse (Other/Chapel)	No	9,180
Land	751 W. Ranger Ave		No
113	450 W. Atlantic Ave	Town Center (Warehouse)	Yes	13,115
Land	2450 Saratoga St		No
Land	2501 Todd St		No
162	400 W. Atlantic Ave	Town Center (Warehouse)	No	107,029
163	1800 Orion Street	Town Center (Warehouse)	No	12,156
Land	351 W. Ticonderoga Ave		No
166	1501 Viking Street	Maritime (R&D/Warehouse)	No	55,471
167	1500 Ferry Point	Maritime (R&D/Warehouse)	Yes	53,785
168	1651 Viking Street	Maritime (R&D/Warehouse)	No	146,055
169	1680 Viking Street Suite 101	Enterprise (R&D/ Warehouse/Multi-tenant)	No	86,710
170	1770 Viking Street	Enterprise (Warehouse/Multi-tenant)	No	40,000
338	51 West Hornet Avenue	Enterprise (Storage)	No	53,200
360	1900 Skyhawk St	Enterprise (R&D/Office)	No	179,070
372	1770 Orion St	Enterprise (R&D/Warehouse)	No	18,513
397	1690 Orion St	Enterprise (R&D/Warehouse)	No	17,335
400	1150 W. Tower Avenue	Adaptive Reuse (R&D/Warehouse)	No	63,456
400A	1190 W. Tower Ave	Adaptive Reuse (R&D/Warehouse)	No	65,400
410	250 W. Oriskany Ave	Enterprise (Warehouse)	No	34,668
414	1820 Orion St	Enterprise (Warehouse)	No	1,640
525	2751 Todd Street	Adaptive Reuse (Other/Retail)	No	23,208
529	1501 Skyhawk St	Enterprise (Storage)	No	3,200
530	120 W. Oriskany Ave	Enterprise (R&D/Warehouse)	No	82,251
584	1402 Viking St	Maritime (Storage)	No	7,300
608	50 West Hornet Avenue	Enterprise (Storage)	Yes	17,789
612	1450 Ferry Point	Maritime (Storage)	Yes	4,000
621	270 W. Ticonderoga Ave	Maritime (Storage)	No	5,770
Land	50 West Oriskany Avenue 51 West Oriskany Avenue		No	229,420
Land	641 W. Redline Ave		No	10,000
Land	1610 Ferry Point		Yes	115,203
Land	Encinal Boat Ramp		Yes	30,388
Land	Pier 1: 1599 Ferry Point Pier 2: 1499 Ferry Point Pier 3: 1399 Ferry Point		Yes	not available
Land	670 West Hornet Ave		Yes	31,798.8 land 148,104 submerged
Land	Northwest Territory		Yes	~70 acres
Land	Taxiway H		Yes	not available
Land	Enterprise Lot			not available

A PDF of the Service Provider Agreement is available here, or you can review the terms below. (PDF, 332KB)

SERVICE PROVIDER AGREEMENT

This SERVICE PROVIDER AGREEMENT (“Agreement”) is entered into this ___ day of _________, 20__ (“Effective Date”), by and between the CITY OF ALAMEDA, a municipal corporation (“the City”), and COMPANY, a (California corporation, LLC, LP, GP, sole proprietor/individual), whose address is ADDRESS (“Provider” or “Contractor”), in reference to the following facts and circumstances:

RECITALS

A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.

B. The City is in need of the following services: Building Engineer and Maintenance Services for the City of Alameda’s Commercial Real Estate Portfolio. City staff issued a Request for Proposals on_______ and after a submittal period of  twenty-four (24) days received __________of timely submitted proposals. Staff reviewed the proposals, interviewed qualified firms and selected the service provider that best meets the City’s needs.

C. Provider possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

D. Whereas, the City Council authorized the City Manager to execute this agreement on ___________________.

E. The City and Provider desire to enter into an agreement for Building Engineer and Maintenance Services for the City of Alameda’s Commercial Real Estate Portfolio, upon the terms and conditions herein.

AGREEMENT

NOW, THEREFORE, in consideration of the foregoing, which are incorporated herein by reference, and for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Provider agree as follows:

1. TERM:

The term of this Agreement shall commence on the ____ day of _______ 2026, and shall terminate on the ___ day of ____________ 2031, unless terminated earlier as set forth herein.

2. SERVICES TO BE PERFORMED:

Provider agrees to do all necessary work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all necessary work included in Exhibit A as requested. Provider acknowledges that the work plan included in Exhibit A is tentative and does not commit the City to request Provider to perform all tasks included therein.

3. COMPENSATION TO PROVIDER:

a. By the 7th day of each month, Provider shall submit to the City an invoice for the total amount of work done the previous month. Pricing and accounting of charges are to be according to the fee schedule as set forth in Exhibit B and incorporated herein by this reference. Extra work must be approved in writing by the City Manager or their designee prior to performance and shall be paid on a Time and Material basis as set forth in Exhibit B.

b. Compensation for work done under this Agreement, shall not exceed as follows:

FY XX-XX total compensation shall not exceed $XX
FY XX-XX total compensation shall not exceed $XX
FY XX-XX total compensation shall not exceed $XX
FY XX-XX total compensation shall not exceed $XX
FY XX-XX total compensation shall not exceed $XX
Total five-year compensation shall not exceed $XXX,XXX

Use of contingency shall be for items of work outside the original scope and requires prior written authorization by the City.

4. TIME IS OF THE ESSENCE:

Provider and the City agree that time is of the essence regarding the performance of this Agreement.

5. STANDARD OF CARE:

Provider shall perform all services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Provider represents that it is skilled in the professional calling necessary to perform all services contracted for in this Agreement. Provider further represents that all of its employees and subcontractors shall have sufficient skill and experience to perform the duties assigned to them pursuant to and in furtherance this Agreement. Provider further represents that it (and its employees and subcontractors) have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the services (including a City Business License, as needed); and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Provider shall perform (at its own cost and expense and without reimbursement from the City) any services necessary to correct errors or omissions which are caused by Provider’s failure to comply with the standard of care provided for herein. Any employee of the Provider or its sub-providers who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of any services under this Agreement, or a threat to the safety of persons or property (or any employee who fails or refuses to perform the services in a manner acceptable to the City) shall be promptly removed by the Provider and shall not be re-employed to perform any further services under this Agreement.

6. INDEPENDENT PARTIES:

Provider hereby declares that Provider is engaged as an independent business and Provider agrees to perform the services as an independent contractor. The manner and means of conducting the services and tasks are under the control of Provider except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Provider’s services. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Provider, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any compensation due to Provider. Payments of the above items, if required, are the responsibility of Provider. Any personnel performing the services under this Agreement on behalf of Provider shall also not be employees of City and shall at all times be under Provider’s exclusive direction and control.

7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

Provider assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Provider shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Provider.

8. NON-DISCRIMINATION:

Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Provider and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. 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. Provider agrees that any violation of this provision shall constitute a material breach of this Agreement.

9. HOLD HARMLESS:

a. To the fullest extent permitted by law, Provider shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including reasonable attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Provider’s performance of its obligations under this Agreement or out of the operations conducted by Provider even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Provider, Provider shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Provider. Provider shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.

b. As to Claims for professional liability only, Provider’s obligation to defend Indemnitees (as set forth above) is limited as provided in California Civil Code Section 2782.8.

c. Provider’s obligation to indemnify, defend and hold harmless Indemnitees shall expressly survive the expiration or early termination of this Agreement.

10. INSURANCE:

a. On or before the commencement of the terms of this Agreement, Provider shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with Sections 10.b. (1) through (4). The Certificate Holder should be The City of Alameda, 2263 Santa Clara, Ave., Alameda, CA 94501. Such certificates, which do not limit Provider’s indemnification, shall also contain substantially the following statement:

“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Alameda. Attention: Risk Manager.”

Provider shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Provider shall deliver updated insurance certificates to the City at the address described in Section 17.f. prior to the expiration of the existing insurance certificate for the duration of the term of Agreement. Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.

___________________Provider Initials
b. COVERAGE REQUIREMENTS:

Provider shall maintain insurance coverage and limits at least as broad as:

(1) Workers’ Compensation:

Statutory coverage as required by the State of California, as well as a Waiver of Subrogation (Rights of Recovery) endorsement.

(2) Liability:

Commercial general liability coverage in the following minimum limits:

Bodily Injury: $1,000,000 each occurrence

$2,000,000 aggregate - all other

Property Damage: $1,000,000 each occurrence

$2,000,000 aggregate

If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggregate limits in the amounts of $4,000,000 will be considered equivalent to the required minimum limits shown above. Provider shall also submit declarations and policy endorsements pages. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required. The Additional Insured Endorsement shall include primary and non-contributory coverage at least as broad as the CG 2010.

(3) Automotive:

Comprehensive automobile liability coverage (any auto) in the following minimum limits:

Bodily injury: $1,000,000 each occurrence

Property Damage: $1,000,000 each occurrence

or

Combined Single Limit: $2,000,000 each occurrence

Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required.
(4) Professional Liability:

Professional liability insurance which includes coverage appropriate for the professional acts, errors and omissions of Provider’s profession and work hereunder, including, but not limited to, technology professional liability errors and omissions if the services being provided are technology-based, in the following minimum limits:
$2,000,000 each claim

Technology professional liability errors and omissions shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City in the care, custody, or control of Provider. If not covered under Provider’s liability policy, such “property” coverage of the City may be endorsed onto Provider’s Cyber Liability Policy as covered property as follows: cyber liability coverage in an amount sufficient to cover the full replacement value of damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the City that will be in the care, custody, or control of Provider.

(5) Pollution Prevention:

Legal liability required for hazardous materials excavation in the amount of $2,000,000 each occurrence. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required.
As to commercial general liability and automobile liability insurance, such insurance will provide that it constitutes primary insurance with respect to claims insured by such policy, and, except with respect to limits, that insurance applies separately to each insured against whom claim is made or suit is brought. Such insurance is not additional to or contributing with any other insurance carried by or for the benefit of the City.
c. SUBROGATION WAIVER:

Provider hereby agrees to waive rights of subrogation that any insurer of Provider may acquire from Provider by virtue of the payment of any loss. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Provider, its employees, agents and subcontractors.
d. FAILURE TO SECURE:

If Provider at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Provider’s name or as an agent of Provider and shall be compensated by Provider for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
e. ADDITIONAL INSUREDS:

The City, its City Council, boards, commissions, officials, employees, agents, and volunteers shall be named as additional insured(s) under all insurance coverages, except workers’ compensation and professional liability insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. Additional Insured coverage under Provider’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance. Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured(s).
f. SUFFICIENCY OF INSURANCE:

The insurance limits required by the City are not represented as being sufficient to protect Provider. Provider is advised to consult Provider’s insurance broker to determine adequate coverage for Provider. The coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of the coverage carried by or available to Provider; whichever is greater.
g. EXCESS OR UMBRELLA LIABILITY:

If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this Agreement, then said policies shall be true “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this Agreement, including but not limited to, the additional insured, SIR, and primary insurance requirements stated therein. No insurance policies maintained by the indemnified parties or Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until all the primary and excess liability policies carried by or available to the Provider are exhausted. If a Provider is using an Excess Liability policy to supplement any insurance coverage required by this Agreement, they must submit the Excess Liability policy in full.

11. CONFLICT OF INTEREST:

Provider warrants that it is not a conflict of interest for Provider to perform the services required by this Agreement.  Provider may be required to fill out a conflict of interest form if the services provided under this Agreement require Provider to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations.

12. PROHIBITION AGAINST TRANSFERS:

a. Provider shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Provider shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer. The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money against the City under this Agreement may be assigned by Provider to a bank, trust company or other financial institution without prior written consent.

b. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock, membership interest, partnership interest, or the equivalent, which shall result in changing the control of Provider, shall be construed as an assignment of this Agreement. Control means fifty percent or more of the voting power of Provider.

13. APPROVAL OF SUB-PROVIDERS:

a. Only those persons and/or businesses whose names and resumés are attached to this Agreement shall be used in the performance of this Agreement. However, if after the start of this Agreement, Provider wishes to use sub-providers, at no additional costs to the City, then Provider shall submit a written request for consent to add sub-providers including the names of the sub-providers and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion.

b. Each sub-provider shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Provider.

c. In addition, any tasks or services performed by sub-providers shall be subject to each provision of this Agreement. Provider shall include the following language in their agreement with any sub-provider: “Sub-providers hired by Provider agree to be bound to Provider and the City in the same manner and to the same extent as Provider is bound to the City.”

d. The requirements in this Section 13 shall not apply to persons who are merely providing materials, supplies, data or information that Provider then analyzes and incorporates into its work product.

14. PERMITS AND LICENSES:

Provider, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City business license that may be required in connection with the performance of the services and tasks hereunder.

15. REPORTS:

a. Each and every report, draft, work product, map, record and other document produced, prepared or caused to be prepared by Provider pursuant to or in connection with this Agreement shall be the exclusive property of the City.

b. No report, information or other data given to or prepared or assembled by Provider pursuant to this Agreement shall be made available to any individual or organization by Provider without prior approval of the City Manager or their designee.

c. Provider shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Agreement.

16. RECORDS:

a. Generally, the City has the right to conduct audits of Provider’s financial, performance and compliance records maintained in connection with Contractor’s operations and services performed under the Agreement. In the event of such audit, Contractor agrees to provide the City with reasonable access to Contractor’s employees and make all such financial (including annual financial statements signed by an independent CPA), performance and compliance records available to the City. City agrees to provide Contractor an opportunity to discuss and respond to any findings before a final audit report is filed.

b. Provider shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Provider’s performance under the Agreement, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Agreement (collectively the “Records”).

c. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Provider shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Agreement. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Provider for a period of three (3) years after receipt of final payment.

d. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Agreement or failure to act in good faith, then Provider shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.

17. NOTICES:

a. All notices shall be in writing and delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; or (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.

b. Each notice shall be deemed to have been received on the earlier to occur of: (x) actual delivery or the date on which delivery is refused; or (y) three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).

c. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address.

d. All notices, demands, requests, or approvals from Provider to the City shall be addressed to the City at:

City of Alameda

Base Reuse and Economic Development Department

950 W. Mall Square, Suite 205

Alameda, CA 94501

ATTENTION: Alesia Strauch, Base Reuse Manager

Ph: (510) 747-7449 Email: astrauch@alamedaca.gov
e. All notices, demands, requests, or approvals from the City to Provider shall be addressed to Provider at:

[Provider Name]

[Department]

[Address]

[City, State, zip]

ATTENTION: [Title]

Ph: (xxx) [xxx-xxxx]

f. All updated insurance certificates from Provider to the City shall be addressed to the City at:
City of Alameda

Base Reuse and Economic Development Department

950 W. Mall Square, Suite 205

Alameda, CA 94501

ATTENTION: Alexis Krieg, Management Analyst

Ph: (510) 747-6856 Email: akrieg@alamedaca.gov

18. SAFETY:

a. Provider will be solely and completely responsible for conditions of all vehicles owned or operated by Provider, including the safety of all persons and property during performance of the services and tasks under this Agreement. This requirement will apply continuously and not be limited to normal working hours. In addition, Provider will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Agreement. Where any of these are in conflict, the more stringent requirements will be followed. Provider’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.

b. Provider will immediately notify the City within 24 hours of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Agreement. Provider will promptly submit to the City a written report of all incidents that occur in connection with this Agreement. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Provider’s employee(s) involved in the incident; (iii) name and address of Provider’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.

19. TERMINATION:

a. In the event Provider fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Provider shall be deemed in default in the performance of this Agreement. If such default is not cured within two (2) business days after receipt by Provider from the City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the City may thereafter immediately terminate the Agreement forthwith by giving to Provider written notice thereof.

b. The foregoing notwithstanding, the City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days’ prior written notice to Provider as provided herein.

c. Upon termination of this Agreement either for cause or for convenience, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. The obligation of the parties under this Section 19.c. shall survive the expiration or early termination of this Agreement.

20. ATTORNEYS’ FEES:

In the event of any litigation, including administrative proceedings, relating to this Agreement, including but not limited to any action or suit by any party, assignee or beneficiary against any other party, beneficiary or assignee, to enforce, interpret or seek relief from any provision or obligation arising out of this Agreement, the parties and litigants shall bear their own attorney’s fees and costs. No party or litigant shall be entitled to recover any attorneys’ fees or costs from any other party or litigant, regardless of which party or litigant might prevail.

21. HEALTH AND SAFETY REQUIREMENTS.

Provider acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Provider agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings. Provider also agrees to make available to the City, at the City’s request, records to demonstrate Provider’s compliance with this Section.

22. COMPLIANCE WITH ALL APPLICABLE LAWS:

During the term of this Agreement, Provider shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Alameda which affect the manner in which the services or tasks are to be performed by Provider, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Provider shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Provider shall defend, indemnify, and hold City (including its officials, directors, officers, employees, and agents) free and harmless from any claim or liability arising out of any failure or alleged failure to comply with such laws and regulations pursuant to the indemnification provisions of this Agreement.

23. CONFLICT OF LAW:

This Agreement shall be interpreted under, and enforced by the laws of the State of California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities). Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Alameda, State of California.

24. WAIVER:

A waiver by the City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.

25. INTEGRATED CONTRACT:

Subject to the language of Section 33, the Recitals and exhibits are a material part of this Agreement and are expressly incorporated herein. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both the City and Provider.

26. PREVAILING WAGES:

Provider is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq. as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”) which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Provider agrees to fully comply with such Prevailing Wage Laws if the services are being performed as part of an applicable “public works” or “maintenance” project as defined by the Prevailing Wage Laws and if the total compensation is $1,000 or more. City, upon Provider’s request, shall provide Provider with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Provider shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the services available to interested parties upon request; and shall post copies at the Provider’s principal place of business and at the project site. Provider shall defend, indemnify, and hold the City (its elected officials, officers, employees, and agents) free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

27. DEPARTMENT OF INDUSTRIAL RELATIONS COMPLIANCE AND PREVAILING WAGE REQUIREMENTS ON PUBLIC WORKS PROJECTS:

a. For purposes of Sections 27 through 29 of this Agreement, the terms “claim”, “contractor”, “public works project” and “subcontractor” shall have the same meanings set forth in Public Contract Code Section 9204.

b. No contractor or subcontractor may be listed on a bid proposal for a public works project, nor engage in the performance of any public work contract, unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 (with the limited exceptions for certaion bids pursuant to Labor code Section 1771.1(a)). Registration instructions may be found at the following website: https://www.dir.ca.gov/Public-Works/Contractor-Registration.html

c. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner at the following website: https://www.dir.ca.gov/Public-Works/Certified-Payroll-Reporting.html

d. Contractor is required to all post job site notices as prescribed by State law. (See 8 Cal. Code Regs, § 16451(d).) In executing this Agreement, Contractor acknowledges and agrees that the work authorized by this Agreement may be subject to compliance monitoring and enforcement by the Department of Industrial Relations.

28. REGISTRATION OF CONTRACTORS:

Before submitting bids for any work authorized by this Agreement, contractors shall be licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California.

29. PUBLIC CONTRACT CODE SECTION 9204 SUMMARY:

Notwithstanding anything else to the contrary stated in the Information For Bidders (IFB) or other documents associated with this Agreement, all claims, regardless of dollar amount, submitted between January 1, 2017 and January 1, 2027 related to work performed or scheduled to be performed pursuant to this Agreement shall be governed by Public Contract Code Section 9204 and this section. The following provisions and procedures shall apply:

a. Contractor shall submit each Claim (whether for a time extension, payment for money or damages) in writing and in compliance with Public Contract Code Section 9204. Contractor must include reasonable documentation to support each claim.

b. Upon receipt of a claim, the City shall conduct a reasonable review and respond in writing within 45 days of receipt and shall identify in a written statement what portions of the claim are disputed and undisputed. Undisputed portions of the claim shall be process and paid within 60 days of the written statement. Undisputed amounts not paid in a timely manner shall bear interest at 7% per annum. The City and Contractor may mutually agree to extend the 45 day response time.

c. If the City needs approval from the City Council to provide a written statement, the 45 days may be extended to 3 days following the next duly noticed public meeting pursuant to Public Contract Code Section 9204(d)(1)(C).

d. If the City fails to timely respond to a claim or if Contractor disputes the City’s response, Contractor may submit a written demand for an informal meet and confer conference with the City to settle the issues in dispute. The demand must be sent via registered or certified mail, return receipt requested. Upon receipt, the City shall schedule the conference within 30 days.

e. Within 10 business days following the informal meet and confer conference, the City shall submit to Contractor a written statement describing any issues remaining in dispute and that portion which is undisputed. Undisputed portions of the claim shall be processed and paid within 60 days of the written statement. Undisputed amounts not paid in a timely manner shall bear interest at 7% per annum. The issues remaining in dispute shall be submitted to non-binding mediation. If the City and Contractor mutually agree on a mediator, each party shall pay equal portions of all associated costs. If within 10 business days, the City and Contractor cannot agree on a mediator, each party shall select a mediator (paying all costs associated with their selected mediator), and those mediators shall select a qualified neutral third party to mediate the disputed issues. The City and Contractor shall pay equal portions of all associated costs of such third party mediator.

f. Unless otherwise agreed by the City and Contractor, any mediation conducted hereunder shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has commenced.

g. The City reserves all rights and remedies that it has pursuant to this Agreement, any associated plans and specifications, or at law or in equity which are not in conflict with Public Contract Code 9204.

30. CAPTIONS:

The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.

31. COUNTERPARTS:

This Agreement may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.

32. SIGNATORY:

By signing this Agreement, signatory warrants and represents that they executed this Agreement in their authorized capacity and that by their signature on this Agreement, they or the entity upon behalf of which they acted, executed this Agreement.

33. CONTROLLING AGREEMENT:

In the event of a conflict between the terms and conditions of this Agreement (as amended, supplemented, restated or otherwise modified from time to time) and any other terms and conditions wherever contained, including, without limitation, terms and conditions included within exhibits, the terms and conditions of this Agreement shall control and be primary.

34. MULCH PROCUREMENT REQUIREMENTS

Providers of landscaping maintenance, renovation, and construction shall:

a. Use compost and SB 1383 eligible mulch, as practicable, produced from recovered organic waste, for all landscaping renovations, construction, or maintenance performed for the City, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 eligible mulch used for land application shall comply with 14 CCR, Division 7, Chapter 12, Article 12 and must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).

b. Maintain the following records for compost and SB 1383 eligible mulch and submit to the City upon request:

(1) General description of how and where the product was used and applied;

(2) Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the compost and/or SB 1383 eligible mulch were procured;

(3) Type of product

(4) Quantity of each product; and,

Invoice or other record demonstrating purchase or procurement.

Attachment C - Fee Structure Worksheet (XLSX, 25KB)

Digital proposals must include both an *.xlsx and *.pdf version of this worksheet which includes all anticipated costs and fees for services, plus any annual escalators.

The Client References Form can be filled out based on the pdf version available here, or by copying the format presented below. (PDF, 216KB)

Attachment D- Client References Form

Information will be posted here addressing any Requests for Information.