Bid Notice.pdf

On-Call Electrical Services| RFQ 1

REQUEST FOR QUALIFICATIONS

FOR

ON-CALL ELECTRICAL SERVICES

Prepared By:

Jesse Barron, Assistant City Manager | Director of Public Works

City of Coalinga

Public Works and Utilities Department

155 W Durian

Coalinga, CA 93210

RFQ Issued: 25 JUN 2026

SOQs Due: 17 JUL 2026

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TABLE OF CONTENTS

INTRODUCTION

PROJECT DESCRIPTION AND BACKGROUND

Background

Description

SCOPE OF SERVICES

Purpose of Works and Required Services

Task Orders

General Personnel Requirements

Deliverables

Schedule

Method of Payment

Materials to be Provided by the Consultant

APPENDIX A: SUBMITTAL REQUIREMENTS

Introductory Letter

Consultant Information, Qualifications & Experience

Scope of Work

Litigation

Contract Agreement

Federal-Aid Provisions ............................................................................................ Error! Bookmark not defined.

Cost Proposal

APPENDIX B: QUALIFICATION EVALUATION

Completeness of Response (Pass/Fail)

Qualifications & Experience (20 points)

Organization & Approach (15 points)

Scope of Services to be Provided (15 points)

Familiarity with State Procedures (10 points) ......................................................... Error! Bookmark not defined.

Conflict of Interest Statement (Pass/Fail)

References (10 points)

Presentation by Team (10 points)

Q&A Response to Panel Questions (10 points)

APPENDIX C: SAMPLE AGREEMENT

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INTRODUCTION

The City of Coalinga (“City”) is requesting Statements of Qualifications (SOQs) from qualified firms to provide on-call Electrical Services. The City intends to issue one or more professional services agreements for these services, to be used on an as-needed basis for a variety of small and medium-sized municipal projects.

The City intends for this solicitation to encompass both professional electrical engineering services and specialty electrical contractor support services related to municipal infrastructure, facility improvements, utility systems, controls, lighting, and related capital improvement projects.

Firms not directly employing a Professional Electrical Engineer shall identify the licensed subconsultant or retained Professional Electrical Engineer responsible for engineering services.

The Scope of Services identifies major work tasks that may be requested. Consultant services will be utilized on an as-needed basis, and the City makes no guarantee regarding the amount or frequency of work assigned under these agreements.

For each requested task, the City and Consultant will mutually agree upon the specific scope of work, schedule, deliverables, and compensation prior to commencement of services. The City reserves the right to retain other consulting firms where it determines such action is in the best interest of the City.

Services under each agreement will generally be provided on a negotiated time-and-materials or fixed-fee basis through individual task orders. Compensation for each task order shall be established through mutual agreement between the Consultant and the City prior to the start of work.

https://www.coalinga.com/Bids.aspx

It shall be the Consultant’s responsibility to obtain any addenda that may be issued.

The Consultant’s attention is directed to Appendix A, “Submittal Requirements.”

Consultants shall submit one electronic PDF copy of the SOQ via email or electronic file transfer to the CITY prior to Monday, July 17 at 5:00 PM. SOQs shall be submitted as “On-Call Electrical Services Statement of Qualifications (SOQ)” and addressed as follows:

Jesse Barron jbarron@coalinga.com and kanderson@coalinga.com

Submittals received after the time and date specified above will be considered nonresponsive and will be returned to the Consultant.

Any SOQs received prior to the time and date specified above may be withdrawn or modified by written request of the Consultant. To be considered, however, the modified submittal must be received prior to July 17th.

Unsigned submittals or submittals signed by an individual not authorized to bind the prospective Consultant will be considered nonresponsive and rejected.

Upon review of submitted SOQs, the Selection Committee will determine whether interviews are necessary to determine a Consultant selection. The City of Coalinga reserves the right to hold interviews or make a Consultant selection based solely on the Statement of Qualifications received.

This RFQ does not commit the City to award a contract, to pay any costs incurred in the preparation of a proposal for this request, or to procure or contract for services. The CITY reserves the right to accept or reject any or all SOQs received as a result of this request, to negotiate with any qualified Consultant, or to modify or cancel in part or in its entirety the RFQ if it is in the best interests of the CITY to do so. The CITY also reserves the right and intends to award only one contract resulting from this RFQ. Furthermore, a contract award may not be made based solely on price.

The prospective Consultant is advised that should this RFQ result in recommendation for award of a contract, the contract will not be in force until it is approved and fully executed by the CITY.

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All products used or developed in the execution of any contract resulting from this RFQ will remain in the public domain at the completion of the contract.

The anticipated Consultant selection schedule is as follows:

SOQ review and evaluation 07/20/2026 – 07/24/2026

Oral interviews 08/03/2026 – 08/05/2026

Consultant Ranking and Cost Negotiation 08/06/2026 – 08/10/2026

Council Consideration and Authorization 08/20/2026

Contract Award 08/21/2026

Any questions related to this RFQ shall be submitted in writing to the attention of Jesse Barron, via email at jbarron@coalinga.com. Questions shall be submitted before 5:00 PM on July 14th.

PROJECT DESCRIPTION AND BACKGROUND

BACKGROUND

The City of Coalinga is a full-service municipality located in Fresno County in California’s Central Valley. The City maintains and operates a variety of public facilities and infrastructure systems, including parks, streets, utility facilities, public buildings, recreation facilities, and airport-related infrastructure. The City actively manages maintenance and Capital Improvement Program (CIP) projects involving reconstruction, rehabilitation, expansion, and modernization of public facilities and infrastructure.

Due to limited internal electrical resources and the varying technical demands of municipal projects, the City periodically contracts with qualified consulting firms to provide on-call professional electrical services. This RFQ is intended to establish a pool of qualified consultants to assist the City with current and future projects.

DESCRIPTION

The City desires to obtain the services of one or more qualified consulting firms to assist the City with various aspects of maintenance and capital improvement projects, including preliminary investigation, conceptual planning, electrical design, permitting assistance, construction documents, bidding support, and construction administration services. The Consultant shall follow CITY Standards along with all pertinent State, Federal and CITY rules and regulations.

The solicitation is not for specific projects, but for specific services. The services are to be rendered for the duration of the contract term. Task Orders will be issued for specific projects. The CITY does not guarantee a specific dollar amount or number of projects to be awarded under this contract.

SCOPE OF SERVICES

PURPOSE OF WORKS AND REQUIRED SERVICES

The City desires to obtain the services of one or more outside organizations to assist with Electrical Services for maintenance and capital improvement projects.

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The scope of work includes, but is not limited to, the following:

1. Provide staff and services on an on-call, as-needed basis.

2. Provide design services for remodeling and improvement of public buildings, parks, and municipal facilities.

3. Provide in-house personnel or subconsultants for electrical and related disciplines.

4. Provide the full range of electrical engineering, design, consulting and related electrical services including preliminary studies, drawings, specifications, cost estimates, scopes of work, permitting support, and other professional services.

5. Respond to plan check comments and support permit issuance for building and construction projects.

6. Prepare reports summarizing observations, recommendations, estimated implementation costs, and project conclusions.

Typical projects may include:

1. Building renovations including new circuitry;

2. General premises wiring troubleshooting;

3. Energy efficiency improvements;

4. Municipal facility improvements including:

a) administrative buildings,

b) corporation yard facilities,

c) airport facilities,

d) utility buildings,

e) public safety facilities, and

f) community centers.

5. Preparation of conceptual designs, grant support exhibits, and construction documents for City capital improvement projects.

6. Lift station electrical upgrades

7. SCADA and telemetry improvements

8. Solar/PV interconnections

9. Generator replacement and ATS systems

10. Sports field lighting

11. Street lighting improvements

12. EV charging infrastructure

13. Airport electrical systems

14. Wastewater and water plant controls

15. MCC replacement projects

16. Arc flash and coordination studies.

TASK ORDERS

All work performed under this contract will require approval by the CITY Contract Administrator and issued through a Task Order. A task order shall be requested from the consultant to identify and refine the scope of services prior to the CITY issuing the task order. The task order shall identify and refine the scope of services for any specific project.

The task order shall detail the tasks required for particular projects, schedule and projected costs. The costs will be

On-Call Electrical Services| RFQ 6 based on the specified rates of compensation in the contract. The Contract Administrator shall confer with the consultant to establish the maximum fee, including expenses, for the specific project and the completion date.

Pursuant to an authorized Task Order, the Consultant shall provide electrical services necessary to satisfy all appropriate agencies and required to ensure compliance with all applicable Federal, State, and Local statutes, laws, codes, regulations, policies, procedures, ordinances, standards, specifications, performance standards, and guidelines, applicable to the Consultant's services and work product. The Consultant is responsible for supplying and providing all necessary equipment and protective clothing in accordance with CITY standards.

The potential projects may vary in scope and size. The project location, project limits, purpose, expected results, project deliverables, period of performance, project schedule, and scope of work to be performed shall be described in each Task Order.

The Consultant shall only perform work that is assigned in an authorized Task Order. Work shall not begin until the Task Order has been approved by the Contract Administrator. Some work, however, may require Consultant personnel to mobilize within 24-hour of notifications. Once the work begins, the work shall be performed diligently until all required work has been completed to the satisfaction of the Contract Administrator. The Consultant may direct its employees to work overtime to meet Task Order schedules at the request of the Contract Administrator.

All overtime shall be pre-approved by the Contract Administrator. Overtime shall be worked only when directed in writing by the Contract Administrator and specifically required by the Task Order, and shall only be paid to persons covered by the Fair Labor Standards Act. The CITY shall not reimburse the Consultant for per diem costs, unless preapproved by the Contract Administrator.

The Consultant shall maintain a set of project files that shall be provided to the CITY upon request.

The Consultant shall have the ability to respond in a timely and cost-efficient manner to CITY requests.

GENERAL PERSONNEL REQUIREMENTS

The Consultant is required to submit a written request and obtain the CITY’s Contract Administrator’s prior written approval for any substitutions, additions, alterations, or modifications to the Consultant’s originally proposed personnel and project organization, as depicted on the proposed Consultant’s Organization Chart or the Consultant’s cost proposals. The substitute personnel shall have the same job classification as set forth herein or in the Consultant’s Cost Proposal not exceed the billing rate, and meet or exceed the qualifications and experience level of the previously assigned personnel, at no additional cost to the CITY. The substitute personnel shall have significant experience in the work involving a municipal facility or public infrastructure project.

The Consultant Contract Manager shall have a documented minimum of 5 years of demonstrated experience acceptable to the CITY in management and delivery of electrical services.

In addition to other specified responsibilities, the Consultant Contract Manager shall be responsible for all matters related to the Consultant’s personnel, subconsultants, and Consultant’s and Sub-Consultants’ operations including, but not limited to, the following:

a. Ensuring that deliverables are clearly defined, acceptance tested and that criteria are specific, measurable, attainable, realistic and time-bound; and that the deliverables satisfy the acceptance tests and criteria.

b. Supervising, reviewing, monitoring, training, and directing the Consultant’s and Sub-Consultants’ personnel.

c. Assigning qualified personnel to complete the required Task Order work in coordination with the CITY Contract Administrator.

d. Administering personnel actions for Consultant personnel and ensuring appropriate actions taken for Subconsultant personnel.

e. Maintaining and submitting organized project files for record tracking and auditing.

f. Developing, organizing, facilitating, and attending scheduled coordination meetings, and preparation and distribution of meeting minutes.

g. Implementing and maintaining quality control procedures to manage conflicts, insure product accuracy, and identify critical reviews and milestones.

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h. Providing invoices in a timely manner and providing monthly Contract expenditures.

i. Reviewing invoices for accuracy and completion before billing to CITY.

j. Managing Subconsultants.

k. Managing overall budget for Contract and provide report to the CITY Contract Administrator.

l. Ensuring compliance with the provisions in this Contract and all specific Task Order requirements.

m. Monitor the health and safety of personnel working in a hazardous environment in accordance with all applicable Federal, State, and Local regulations.

n. Knowledge, experience, and familiarity with prevailing wage issues and requirements in State of California.

DELIVERABLES

As agreed upon by the CITY and Consultant in a Task Order for each project.

SCHEDULE

As agreed upon by the CITY and Consultant in a Task Order for each project.

METHOD OF PAYMENT

Consultant shall be paid based on specific item of work performed (cost per unit of work) and on the Specific Rates of Compensation for this contract and for the amount as agreed upon by the CITY and Consultant in a Task Order for each project. Consultant shall submit requests for monthly progress payments.

MATERIALS TO BE PROVIDED BY THE CONSULTANT

Unless otherwise specified, Consultant shall provide all labor, tools, equipment, instrumentation, software, transportation, PPE, and incidental resources necessary to complete assigned task orders unless otherwise specified by the CITY.

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APPENDIX A: SUBMITTAL REQUIREMENTS

These guidelines are provided for standardizing the preparation and submission of SOQs by all Consultants. The intent of these guidelines is to assist Consultants in preparation of their proposals, to simplify the review process, and to help assure consistency in format and content.

SOQs shall contain the following information in the order listed:

INTRODUCTORY LETTER

The introductory (or transmittal) letter shall be addressed to:

Jesse Barron 155 W Durian Coalinga, CA 93210

The letter shall be on Consultant letterhead and include the Consultant’s contact name, mailing address, telephone number, facsimile number, and email address. The letter will address the Consultant’s understanding of the services being requested and any other pertinent information the Consultant believes should be included. All addendums received must be acknowledged in the transmittal letter.

The letter shall be signed by an individual authorized to bind the Consultant.

CONSULTANT INFORMATION, QUALIFICATIONS & EXPERIENCE

The City of Coalinga will only consider submittals from Consultants that demonstrate they have successfully completed comparable projects. These projects must illustrate the quality, type, and past performance of the project team. Submittals shall include a detailed description of a minimum of three (3) projects within the past five (5) years which include the following information:

• Contracting agency

• Contracting agency Project Manager

• Contracting agency contact information

• Contract amount

• Funding source

• Date of contract

• Date of completion

• Consultant Project Manager and contact information

• Project Objective

• Project Description

• Project Outcome

Describe and list demonstrated experience on projects funded by government funding.

ORGANIZATION AND APPROACH

1. Describe the roles and organization of your proposed team for this contract. Indicate the composition of subcontractors and number of project staff, facilities available and experience of your team as it relates to this contract.

2. Describe your project and management approach.

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3. Describe the roles of key individuals on the team. Provide resumes and references for all key team members.

Resumes shall show relevant experience, as well as the length of employment with the proposing Consultant.

Key members, especially the Project Manager, shall have significant demonstrated experience with these types of projects.

SCOPE OF WORK

1. Include a detailed Scope of Work Statement describing all services to be provided.

2. Describe your cost control and budgeting methodology for this contract.

CONFLICT OF INTEREST STATEMENT

Throughout the term of the awarded contract, any person, firm or subsidiary thereof who may provide, has provided or is currently providing Design Engineering Services and/or Construction Engineering Services under a contractual relationship with a construction contractor(s) on any CITY project to be completed under this contract must disclose the contractual relationship, the dates and the nature of the services. The prime consultant and its subconsultants shall also disclose any financial or business relationship with the construction contractor(s) who are working on the projects that are assigned for material Quality Assurance services through task orders on the contract.

Similar to the disclosures regarding contractors, all firms are also required to disclose throughout the term of the awarded contract, any Design Engineering services including claim services, Lead Project Management services and

Construction Engineering Services provided to all other clients on any CITY project to be completed under this contract.

In addition to the disclosures, the Consultant shall also provide possible mitigation efforts, if any, to eliminate or avoid any actual or perceived conflicts of interest.

The Consultant shall ensure that there is no conflict before providing services to any construction contractor on any of the CITY projects to be completed under this contract. The submitted documentation will be used for determining potential conflicts of interest. The CITY will use this documentation to determine whether the firm may work on specific projects.

If a Consultant discovers a conflict during the execution of an assigned task order, the Consultant must immediately notify the Contract Administrator regarding the conflicts of interest. The Contract Administrator may terminate the Task Order involving the conflict of interest and CITY may obtain the conflicted services in any way allowed by law. Failure by the Consultant to notify the Contract Administrator may be grounds for termination of the contract.

LITIGATION

Indicate if the proposing Consultant was involved with any litigation in connection with prior projects. If yes, briefly describe the nature of the litigation and the result.

CONTRACT AGREEMENT

Indicate if the proposing Consultant has any issues or needed changes to the proposed contract agreement included as Appendix C.

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The Consultant shall provide a brief statement affirming that the proposal terms shall remain in effect for ninety (90) days following the date SOQ submittals are due.

A contract will not be awarded to a consultant without an adequate financial management and accounting system as required by 49 CFR Part 18, 48 CFR Part 31, and 2 CFR Part 200.

COST PROPOSAL

In order to assure that the CITY is able to acquire professional services based on the criteria set forth in the Brooks Act and Government Code 4526, the SOQ shall include the Consultant’s Specific Rates of Compensation for this contract. The Specific Rates of Compensation shall be provided on the attached Sample Cost Proposal Form – Specific Rate of Compensation for On-call Contracts (Appendix D) and submitted in a separate sealed envelope from the SOQ. The Consultant’s Specific Rates of Compensation are confidential and shall remain sealed. Upon completion of the Consultant selection process, only the cost proposal from the selected Consultant shall be opened. All other (unopened) cost proposals shall be returned in accordance with Appendix B.

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APPENDIX B: SOQ EVALUATION

EVALUATION PROCESS

All submittals will be evaluated by the CITY Selection Committee. The Committee may be composed of

CITY staff and other parties that may have expertise or experience in the services described herein. The

Committee will review the submittals and will rank the proposers. The evaluation of the qualifications shall be within the sole judgment and discretion of the Committee. All contacts during the evaluation phase shall be through the CITY Contract Administrator/Project Manager only. Proposers shall neither contact nor lobby evaluators during the evaluation process. Attempts by Proposer to contact members of the Committee may jeopardize the integrity of the evaluation and selection process and risk possible disqualification of

Proposer.

The Committee will evaluate each submittal meeting the qualification requirements set forth in this RFQ.

Proposers should bear in mind that any submittal that is unrealistic in terms of the technical or schedule commitments may be deemed reflective of an inherent lack of technical competence or indicative of a failure to comprehend the complexity and risk of the CITY’s requirements as set forth in this RFQ.

The selection process will include oral interviews. The consultant will be notified of the time and place of oral interviews and if any additional information that may be required to be submitted. In the event that the

City receives no more than one SOQ, the CITY may opt to not conduct an oral interview.

Upon completion of the evaluation and selection process, only the cost proposal from the most qualified consultant will be opened to begin cost negotiations. All unopened cost proposals will be returned at the conclusion of the procurement process. Upon acceptance of a cost proposal and successful contract negotiations, staff will recommend a contract be awarded.

EVALUATION CRITERIA

Qualifications will be evaluated according to each Evaluation Criteria, and scored on a zero to five point rating. The scores for all the Evaluation Criteria will then be multiplied according to their assigned weight to arrive at a weighted score for each proposal. A proposal with a high weighted total will be deemed of higher quality than a proposal with a lesser-weighted total.

Rating Scale

0 Not Acceptable Non-responsive, fails to meet RFQ specifications. The approach has no probability of success. For mandatory requirement, this score will result in disqualification of submittal.

1 Poor

Below average, falls short of expectations, is substandard to that which is the average or expected norm, has a low probability of success in achieving project objectives per

RFQ.

2 Fair Has a reasonable probability of success, however, some objectives may not be met.

3 Average Acceptable, achieves all objectives in a reasonable fashion per RFQ specification. This will be the baseline score for each item with adjustments based on interpretation of submittal by Evaluation Committee members.

4 Above Average/Good Very good probability of success, better than that which is average or expected as the norm. Achieves all objectives per RFQ requirements and expectations.

5 Excellent/Exceptional Exceeds expectations, very innovative, clearly superior to that which is average or expected as the norm. Excellent probability of success and in achieving all objectives and meeting RFQ specification.

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The Evaluation Criteria Summary and their respective weights are as follows:

No. Written Evaluation Criteria Weight

1 Completeness of Response Pass/Fail

2 Qualifications & Experience 30

3 Organization & Approach 15

4 Scope of Services to be Provided 15

5 Conflict of Interest Statement Pass/Fail

6 Local Presence 5

7 References 10

Subtotal: 75

No. Interview Evaluation Criteria Weight

8 Presentation by team 10

9 Q&A Response to panel questions 15

Subtotal: 25

Total: 100

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. Responses that are rated a Fail and are not considered may be picked up at the delivery location within 14 calendar days of contract award and/or the completion of the competitive process.

QUALIFICATIONS & EXPERIENCE (20 POINTS)

The prime consultant shall employ or retain a Professional Electrical Engineer currently licensed in the State of California pursuant to the California Business and Professions Code. Relevant experience, specific qualifications, and technical expertise of the firm and sub-consultants to conduct related electrical services.

Firms performing construction-related electrical services shall possess all applicable California contractor licenses required for the work performed.

ORGANIZATION & APPROACH (15 POINTS)

1. Describes familiarity of electrical services required and demonstrates understanding of the type of work to be completed under the contract.

2. Roles and Organization of Proposed Team

a. Proposes adequate and appropriate disciplines of project team.

b. Some or all of team members have previously worked together on similar project(s).

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c. Overall organization of the team is relevant to City of Coalinga needs.

3. Project and Management Approach

a. Team is managed by an individual with appropriate experience in similar projects.

b. Project team and management approach as it responds to project issues.

4. Roles of Key Individuals on the Team

a. Proposed team members, as demonstrated by enclosed resumes, have relevant experience for the services required.

b. Key positions required to execute the project team’s responsibilities are appropriately staffed.

5. Working Relationship with City of Coalinga.

a. Team and its leaders have experience working in the public sector and knowledge of public sector procurement process.

b. Team leadership understands the nature of public sector work and its decision-making process.

c. Proposal responds to need to assist City of Coalinga during related projects.

SCOPE OF SERVICES TO BE PROVIDED (15 POINTS)

1. Detailed Scope of Services to be Provided

a. Proposed scope of services is appropriate.

b. Scope addresses all known contract needs.

2. Cost Control and Budgeting Methodology

a. Proposer has a system or process for managing cost and budget.

b. Evidence of successful budget management for similar projects.

LOCAL PRESENCE (5 POINTS )

1. Local Presence means maintaining an office within Fresno, Kings or San Luis Obispo County or within 75 miles of the City of Coalinga.

CONFLICT OF INTEREST STATEMENT (PASS/FAIL)

2. Discloses any financial, business or other relationship with the the City of Coalinga that may have an impact upon the outcome of the contract or the construction project.

3. Lists current clients who may have a financial interest in the outcome of this contract or the construction project that will follow.

4. Discloses any financial interest or relationship with any construction company that might submit a bid on the construction project.

REFERENCES (10 POINTS)

Provide as reference the name of at least three (3) agencies you currently or have previously consulted for in the past three (3) years.

PRESENTATION BY TEAM (10 POINTS)

Team presentation conveying project understanding, communication skills, innovative ideas, critical issues and solutions. Points related to an oral interview will only available if an interview is deemed necessary.

Q&A RESPONSE TO PANEL QUESTIONS (10 POINTS)

Proposer provides responses to various interview panel questions. Points related to an oral interview will only available if an interview is deemed necessary.

APPENDIX C: SAMPLE AGREEMENT

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This Agreement for Professional Services (“Agreement”) is made and entered into this [DAY] day of [MONTH

YEAR], by and between the City of Coalinga, a Municipal Corporation (“City”), and [COMPANY] (“Provider”).

RECITALS

A. Provider represents to City that they are specially trained, experienced, licensed and competent to perform the services which will be required by this Agreement; and

B. Provider represents to City that they possess the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

C. City desires to retain Provider to render the services as set forth in this Agreement, as Exhibit B.

NOW THEREFORE, in consideration of the mutual covenants set forth herein for such other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:

1. Retention of Provider. Subject to the terms and conditions set forth herein, City retains Provider to perform the services identified in this Agreement, as an independent contractor and Provider hereby accepts this independent contractor appointment.

2. Scope of Services. The Provider shall perform professional services, in accordance with all the provisions of this Agreement. The Scope of Work is attached hereto as Exhibit A. Provider estimates that at $[AMOUNT], they can provide the City with services. Provider shall correct any and all errors and/or omissions, which arise out of Provider’s negligence or intentional misconduct, in the performance of the Services and any documents resulting therefrom even though City has accepted said Services or documents. Provider shall make such corrections upon City’s request and at no cost or expense to City.

3. Time of Performance. This Agreement shall remain in effect for a three (3) year base term, with the option for two (2) additional one-year extensions at the City’s discretion. Contract time of completion for individual projects will be agreed upon before assignment of each project to Provider. Services designated in the scope of work shall be completed on agreed date unless prior written approval for a time extension has been granted by Sean Brewer.

4. Compensation. Compensation to be paid to Provider shall be in accordance with the fee schedule, Exhibit A, subject to the Prevailing Wage Requirements which are available at the office of the Public Works Director.

An estimate for cost of services for each project shall be submitted to the Public Works Director before commencement of work. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. An increase in the fee schedule will be allowed at the beginning of year three of this agreement and when the Prevailing Wage for services included in this agreement increases by the same amount approved for increase by the Department of Industrial Relations.

5. Method of Payment. Provider shall submit monthly billings to City describing the work performed during the preceding month. Provider’s bills shall include a brief description of the Services performed and the date the Services were performed the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Provider no later than 60 days after the date of submittal of a complete invoice for completed tasks and approval of the invoice by City staff.

6. Extra Work. At any time during the term of this Agreement, City may request that Provider perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for

On-Call Electrical Services| RFQ 15 the proper completion of the Services, but which the parties did not include in the Scope of Work. Extra work will be performed on an hourly basis under the Provider’s most current hourly fee schedule. Provider shall not perform, nor be compensated for Extra Work without written authorization from City.

7. Termination. This Agreement may be terminated by the City immediately and without notice for cause or by City without cause upon ten (10) days’ written notice of termination to Provider. Upon termination, Provider shall be entitled to compensation for Services performed up to the effective date of termination, unless this Agreement is terminated for cause, in which case, City may withhold compensation due Provider in order to reimburse City for any losses, damages or expenses caused by Provider’s default under this Agreement.

8. Equal Opportunity Employment. Provider represents that it is an equal opportunity employer and it shall not discriminate against any sub provider, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Provider shall also comply with all relevant provisions of City’s programs or guidelines currently in effect as identified and provided to Provider by City.

9. Insurance Requirements.

a. Provider, at Provider’s own cost and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies.

i. Workers Compensation Coverage. As required by the State of California, with

Statutory Limits, and Employer’s Liability Insurance with a limit of no less than ONE MILLION AND NO/100 DOLLARS

($1,000,000) per accident for bodily injury or disease.

ii. General Liability Coverage. Insurance Services Office (ISO) Form

CG 0001, including products and completed operations, with limits of no less than ONE MILLION AND NO/100

DOLLARS ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. 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 TWO MILLION AND NO/100 DOLLARS ($2,000,000), twice the required occurrence limit.

iii. Automobile Liability Coverage. ISO Form Number CA 0001 covering any auto

(Code 1), with a limit no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000) per accident for bodily injury and property damage.

iv. Professional Liability Coverage. Consultant will maintain Professional Liability coverage with limits no less than ONE MILLION AND NO/100 DOLLARS ($1,000,000) per occurrence or claim, and

TWO MILLION AND NO/100 DOLLARS ($2,000,000) policy aggregate.

If Provider maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by Provider.

Provider’s insurance policies shall be “occurrence” policies and not “claims-made” coverage except for Professional Liability Coverage.

Provider may maintain an Umbrella policy in conjunction with the insurance policies referenced above. In such case, Provider shall be deemed to have satisfied the insurance requirements of this contract as long as: (i) the coverage limits of the Umbrella policy and of the underlying liability policy(ies), when combined, satisfy each of the per occurrence and aggregate requirements identified in this subsection a.; and (ii) coverage under the Umbrella policy is as broad as and includes all incidents and events covered by the underlying insurance that it supplements.

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Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require 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. Alternatively, the City may require Provider to provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses within the retention.

The policies are to contain, or be endorsed to contain, the following provisions:

i. The City and its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of work or operations performed by or on behalf of Provider including materials, parts, or equipment furnished in connection with such work or operations; products used by Provider; or automobiles owned, leased, hired or borrowed by Provider. General liability coverage can be provided in the form of an endorsement to 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. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.

ii. For any claims related to this contract, Provider’s insurance coverage shall be primary insurance as respects the City and its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City and/or its officers, officials, employees, or volunteers shall be in excess of Provider’s insurance and shall be non-contributory.

iii. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII.

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 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.

Provider hereby grants to City and its officers, officials, employees, and volunteers a waiver of any right to subrogation which any insurer of Provider may acquire against the City and/or its officers, officials, employees, and volunteers by virtue of the payment of any loss under such insurance. Provider agrees to obtain endorsements necessary to effect 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.

The City reserves the right to modify the insurance requirements contained in this contract, including, without limitation, coverage limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

10. Indemnification. To the fullest extent allowable by law, Provider agrees to indemnify, defend and hold harmless the City and its officials, officers, employees, agents and volunteers from and against all claims, demands, actions, injuries, liabilities, losses, costs or damages, direct or indirect, and any and all attorneys’ fees and other expenses which City or its officials, officers, employees, agents or volunteers may sustain or incur as a consequence of or are in any way related to Provider’s or its owners, directors, officers, managers, employees, agents and subcontractor’s willful or negligent acts or omissions in the performance of the services and Providers responsibilities and obligations to be performed under this agreement or its failure to perform or comply with any of its obligations or responsibilities contained in this agreement; excluding, however, such liability, claims, losses, On-Call Electrical Services| RFQ 17 damages or expenses arising from City’s sole or active negligence or willful acts. This duty to indemnify, defend, and hold harmless shall survive the termination of this agreement. If Provider maintains additional coverage or higher limits than those required herein, then City shall be entitled to additional coverage or higher limits maintained by Provider.

11. Independent Contractor Status. It is understood and agreed that Provider, in the performance of the Services to be performed pursuant to this Agreement, shall act as and be an independent contractor and shall not act as an agent or employee of City. Provider shall obtain no retirement benefits or other benefits which accrue to City’s employees and Provider hereby expressly waives any claim it may have to any such rights. Nothing in this Agreement shall create or be construed as creating a partnership, joint venture or any other relationship between City and Provider.

12. Provider’s Books and Records.

a. Provider shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Provider under this Agreement.

b. Provider shall maintain all documents and records that demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.

c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City.

Copies of such documents shall be provided to the City for inspection at the City offices.

d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Provider’s business, City may, by written request, require that custody of the records be given to the City and that the records and documents be maintained in the City offices.

Access to such records and documents shall be granted to any party authorized by Provider, Provider’s representatives, or Provider’s successor-in-interest.

13. Professional Ability of Provider. City has relied upon Provider’s representations regarding its training and professional ability to perform the Services hereunder as a material inducement to enter into this Agreement. Provider shall therefore provide properly skilled personnel to perform all Services under this Agreement.

The primary provider of the Services called for by this Agreement shall be [CONSULTANT NAME] who shall not be replaced without the written consent of the City. All work performed by Provider under this Agreement shall be in accordance with the applicable professional standard of care and shall meet the local professional standard of quality ordinarily to be expected of competent persons in Provider’s field of expertise working in Fresno County.

14. Compliance with Laws. Provider shall use the proper standard of care in performing the Services and shall comply with all applicable federal, state and local laws, codes, ordinances and regulations in effect at the time the Agreement is executed. In addition, if the request for proposal to provide professional services which are the subject of this Agreement cited any federal or state financial assistance involved in the project for which the Services are provided, the Provider shall perform all services in accordance with all applicable federal and state laws, rates and regulations in effect at the time the agreement is executed.

15. Licenses. Provider represents and warrants to City that it has all licenses, permits, qualifications, and insurance which are legally required of Provider to lawfully and competently perform the Services. Provider represents and warrants to City that Provider shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, and insurance which are legally required of Provider to lawfully and competently perform the Services. Provider shall maintain a City of Coalinga business license.

On-Call Electrical Services| RFQ 18

16. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Provider. Assignments of any or all rights, duties or obligations of the Provider under this Agreement will be permitted only with the express written consent of the City, which will not be unreasonably withheld. Provider shall not subcontract any portion of the Services to be performed under this Agreement without the express written consent of the City, which will not be unreasonably withheld. If City consents to such subcontract, Provider shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall: (1) create any contractual relationship between City and sub Provider; (ii) create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor; (iii) or relieve Provider of any of its obligations and responsibilities under this Agreement.

17. Attorneys’ Fees. If an action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other reasonable relief to which he may be entitled. With respect to any suit, action or proceeding arising out of or related to this Agreement, or the documentation related hereto, the parties hereby submit to the jurisdiction and venue of the Superior Court for the County of Fresno, State of California for any proceeding arising hereunder.

18. Sole and Only Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the matters set forth herein and contains all of the covenants and agreements between the parties regarding said matters. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or in writing, have been made by any party or anyone acting on behalf of any party which are not embodied in this Agreement and no other agreement, statement or promise shall be valid or binding.

19. Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

20. Amendment. No change, amendment or modification of this Agreement shall be valid unless the same be in writing and signed by the parties hereto.

21. Governing Law. This Agreement shall be construed and governed pursuant to the laws of the State of California. Any action to enforce this Agreement is to be brought in Fresno County, California.

22. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

23. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE (“JAMS”) or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

24. Authority to Enter Agreement. Provider has all requisite power and authority to conduct its business and to execute, deliver and perform the Agreement.