RFP 26-007 On-Call Irrigation Design and Consultant Services.pdf

Request for Proposals RFP 26-007 On-Call Irrigation Design and Consultant Services

RFP #26-007

REQUEST FOR PROPOSALS

ON-CALL IRRIGATION DESIGN AND CONSULTANT

SERVICES 2025

PROPOSALS DUE NOT LATER THAN:

2:00 PM ON TUESDAY, SEPTEMBER 9, 2025

REQUEST FOR PROPOSAL SCHEDULE

RFP Released Tuesday, August 13, 2025 Questions submitted by Tuesday, August 26, 2025 by 3:00 pm Responses to Questions Tuesday, September 2, 2025 Proposals due to City Tuesday, September 9, 2025, 2:00 pm

Submit Proposals to:

www.bidnetdirect.com//cityoffremont http://www.bidnetdirect.com/cityoffremont

REQUEST FOR PROPOSALS

ON-CALL IRRIGATION DESIGN AND CONSULTANT SERVICES 2025

A. The CITY OF FREMONT (hereinafter "City") hereby requests proposals for On-Call

Irrigation Design and Consultant Services (hereinafter “Project”), and will receive proposals a www.bidnetdirect.com//cityoffremont up to the hour of 2:00 p.m., on September 9, 2025.

If not already registered on the BidNet Direct website, please visit the link to register for City of Fremont access for free at www.bidnetdirect.com//cityoffremont.

B. SCOPE OF SERVICES. The City has prepared an outline of “Scope of Services” which is attached as Exhibit “1” to the Request For Proposals (“RFP”), and generally includes: tasks related to On-Call Irrigation Design and Consultant Services, in accordance with the terms and conditions contained in this Agreement.

C. REQUESTS FOR CLARIFICATION OF THE RFP. The sole point of contact for information pertaining to this RFP is www.bidnetdirect.com//cityoffremont.

Communication with City staff about the scope of services or anything else related to this RFP is forbidden. If any proposer has any question regarding the meaning of any part of this RFP, or finds discrepancies in or omissions from this RFP, the proposer shall submit any questions through the City of Fremont’s online bidding provider at www.bidnetdirect.com//cityoffremont by 3:00 p.m. on Tuesday, August 26th. All responses to questions will be posted on BidNet Direct.

D. SUBMITTAL OF PROPOSALS. The instructions for the submittal of proposals are set forth throughout this RFP. Generally, each proposal shall be submitted as a single PDF with a cover letter and four exhibits, including: (A) Scope of Services, (B) Billing Rates, (C) Statement of Qualifications, and (D) Terms of Service Agreement.

Proposals shall be clearly stated: “PROPOSAL FOR RFP 26-007 ON-CALL

IRRIGATION DESIGN AND CONSULTANT SERVICES.”

E. CITY’S REVIEW OF PROPOSALS. All responsive proposals shall be reviewed and evaluated by the City in order to determine which proposer best meets the City’s needs for this Project. The criteria by which the City shall evaluate proposals are set forth in this RFP. The City reserves the right to reject any and all proposals or waive any irregularities in any proposal or the proposal process. The City reserves the right to negotiate the terms of the Agreement for this Project with one or more proposers.

F. AWARD OF AGREEMENT. The City currently anticipates awarding an agreement for this Project approximately October 2025. The City upon determination of award will post an Intent to Award to the City’s website and to www.bidnetdirect.com//cityoffremont. The City may negotiate multiple service agreements with top ranking proposers. No proposal or agreement for this Project shall be binding upon the City until the Agreement is signed by the Consultant and the City.

http://www.bidnetdirect.com/cityoffremont http://www.bidnetdirect.com/cityoffremont http://www.bidnetdirect.com/cityoffremont

Conflict of Interest

(Signed copy must be submitted with proposal)

Each vendor must disclose any existing or potential conflict of interest relative to the performance of the contractual services as a result of this RFP/Bid. Any such relationship that might be perceived as or represent a conflict should be disclosed. By submitting a proposal in response to this RFP/Bid, vendors affirm that they have not given, nor intend to give at any time hereafter, any economic opportunity, future employment, gift, loan gratuity, special discount, trip, favor or service to a public servant or any employee or representative of same, in connection with this procurement. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest will automatically result in the disqualification of a vendor’s proposal. An award will not be made where a conflict of interest exists. The City will determine if a conflict of interest exists and whether it may reflect negatively on the City’s selection of a vendor. The City reserves the right to disqualify any vendor on the grounds of actual or apparent conflict of interest.

Collusion

This is to certify that the undersigned bidder has neither directly nor indirectly entered into an agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this proposal submitted this date to City of Fremont.

All terms and conditions of this Request for Proposal have been thoroughly examined and are understood.

NAME OF BIDDER:

AUTHORIZED REPRESENTATIVE

SIGNATURE

TITLE

ADDRESS

Public Records

(Signed copy must be submitted with Proposal)

PROPOSALS ARE PUBLIC RECORDS. Each proposer is hereby informed that, upon submittal of its proposal to the City in accordance with this RFP, the proposal is the property of the City.

Unless otherwise compelled by a court order, the City will not disclose any proposal while the City conducts its deliberative process in accordance with the procedures identified in this RFP. However, after the City either awards an agreement to a successful proposer, or the City rejects all proposals, the City shall consider each proposal subject to the public disclosure requirements of the California Public Records Act (California Government Code Sections 6250, et seq.), unless there is a legal exception to public disclosure.

If a proposer believes that any portion of its proposal is subject to a legal exception to public disclosure, the Proposer shall: (1) clearly mark the relevant portions of its proposal “Confidential”; and (2) upon request from the City, identify the legal basis for exception from disclosure under the Public Records Act; and (3) the Proposer shall defend, indemnify, and hold harmless the City regarding any claim by any third party for the public disclosure of the “Confidential” portion of the proposal.

Please check ONE (1) of the following:

☐ NO, I certify that none of the information included with this Proposal is considered confidential or proprietary.

☐ YES, I certify that this Proposal contains information considered confidential or proprietary and all such information is specifically identified within the proposal.

INSTRUCTIONS

1. TIME AND PLACE OF DELIVERY OF PROPOSALS. It is the Proposer's responsibility alone to ensure that the proposal is received by the City’s Authorized Representative at the time and place identified on page 1 of this Request For Proposals (“RFP”).

2. PROPOSER’S SIGNATURE. An authorized representative of the Proposer shall sign the proposal on a cover letter which: (1) identifies this project by name and number; and (2) identifies the full legal name of the Proposer, along with name of contact person, address, phone number, fax number, and e-mail address; and (3) indicates Proposer’s willingness to comply with the procedures identified in this RFP, including an incorporation by reference of the four exhibits identified below.

3. CONTENTS OF PROPOSAL. The Proposer shall include in its proposal, at a minimum, the information outlined in this Section 5 in a manner which demonstrates the Proposer's competence and qualifications for the satisfactory performance of the services identified in this RFP. The Proposer shall attach four separate exhibits to the cover letter proposal, including: (A) Scope of Services, (B) Billing Rates, (C) Statement of Qualifications, and (D) Terms of Service Agreement.

3A). Scope of Services. The City has set forth on RFP Exhibit “1,” attached hereto and incorporated herein by reference, an outline of services which the City anticipates the successful proposer to perform. The outline of services set forth on RFP Exhibit “1” is presented for the primary purpose of allowing the City to compare proposals. The precise scope of services to be incorporated into the Service Agreement will be based upon RFP Exhibit “1” as well as Proposal Exhibit “A” to be prepared by Proposer as a part of the proposal (described below), and may be the subject of negotiations between the City and the successful proposer.

3(A)(1). Based upon the City’s outline of services set forth on RFP Exhibit “1,” the Proposer shall prepare a complete description of the scope of services (to be labeled: Proposal Exhibit “A”) which the Proposer intends to perform in order to achieve the Project Objectives. The Proposer may identify services in Proposal Exhibit “A” which differ from the outline of services in RFP Exhibit “1” if the Proposer believes the changes will assist the City in more efficiently and effectively achieving the City’s stated Project Objectives.

3(A)(2). The Proposer’s scope of services shall include, at a minimum, a description of the major components of services (or phases of service), a description of work product (or “deliverables”) to be provided by Proposer to the City, and the expected time of completion for each component.

3(B). Billing Rates. The Proposer shall prepare a schedule of billing rates (to be labeled: Proposal Exhibit “B”) which identifies:

3(B)(1). A proposed rate and method of payment for all services to be performed by the Proposer including hourly rates with rate increases for the duration of the agreement, and a description of any reimbursable charges.

3(B)(2). Prevailing Wage Requirements. Certain tasks for this Project may be subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes.

Rates. The prevailing rates are on file with the City Engineer and available online at http://www.dir.ca.gov/DLSR. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to work on the Project. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half.

Compliance. The Contract will be subject to compliance monitoring and enforcement by the DIR, under Labor Code Section 1771.4.

Fremont Minimum Wage. This Contract may be subject to Fremont Municipal Code Chapter 5.30, Minimum Wage Ordinance, as amended from time to time. A summary of the requirements, entitled "Minimum Wage Requirements" can be viewed at:

https://www.codepublishing.com/CA/Fremont/#!/Fremont05/Fremont0530.html

The Minimum Wage Ordinance requires the payment of Minimum Wage for work done on any contract with the City.

Contractor acknowledges and represents that Contractor has read and understands the requirements and shall fully comply with all applicable requirements of the City’s Minimum Wage Ordinance. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance.

Contractor shall require applicable subcontractors to fully comply with the requirements of the Minimum Wage Ordinance and include these requirements in all subcontracts covered by Fremont Municipal Code Chapter 5.30.

Contractor's violation of the City’s Minimum Wage Ordinance constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies.

For Services that constitute "Public Works" under California Labor Code Section 1720 et seq., if both State prevailing wage and City minimum wage requirements apply, Contractor shall pay the higher of the two rates.

http://www.dir.ca.gov/DLSR https://www.codepublishing.com/CA/Fremont/#!/Fremont05/Fremont0530.html

3(C). Statement of Qualifications. The Proposer shall prepare a statement of qualifications (to be labeled: Proposal Exhibit “C”) which identifies:

3(C)(1). An identification of the size, stability, and capacity of Proposer’s organization, including, at a minimum, an identification of Proposer’s: (1) total number of years in operation, (2) total current number of employees, (3) number of office locations (including the location of each office), and (4) number of employees in the office location which is intended to provide the services described in Exhibit “A.”

3(C)(2). An identification of the Proposer’s experience performing services for projects of a similar size, scope, and complexity as the services required by this RFP, including an identification of: (1) the number of years Proposer has been performing similar services; and (2) the most recent projects for which the Proposer has performed similar services. The list of recent projects shall include the name, contact person, address, and phone number of each party for whom the service was provided, as well as a description of the service performed, the dollar amount of the contract, and the date of performance.

3(C)(3). A list of the Proposer's principals, employees, agents, and subconsultants which the Proposer intends to assign to this Project. This list shall include a summary of the qualifications (including education, training, licenses, and experience) of each individual; the approximate number of hours each will devote to the Project; and the type of work to be performed by each individual.

The City will retain under its agreement with the successful Proposer the right of approval of all persons performing under the agreement.

3(D). Terms of City’s Standard Service Agreement. A copy of the City’s standard services Agreement is attached. By submitting a Proposal, the Proposer acknowledges that it has read the Agreement and generally agrees to its terms.

Changes to the terms of the Agreement are discouraged and City reserves the right to reject any proposed changes and to reject Proposals that require changes.

Proposer shall prepare a document labeled Proposal Exhibit “D” for the following purposes:

3(D)(1). If Proposed is seeking changes to the terms of the Agreement, in redline format specifically identify the changes proposed (either by addition, deletion, or modification), and provide alternative language and a full and detailed explanation justifying the change.

3(D)(2). Disclose any past, ongoing, or potential conflicts of interest which the Consultant may have as a result of performing the work for this Project.

3(D)(3). Identify Proposer’s ability to comply with the City’s insurance requirements. A copy of an insurance certificate or a letter of intent to provide insurance from the issuing company (including a description of types of coverage and dollar amount limits) may be favorably considered.

4. CITY’S REVIEW OF PROPOSALS. After the proposals are received and opened by the City, the City shall review and evaluate all proposals for responsiveness to the Request for Proposals in order to determine whether the Proposer possesses the qualifications necessary for the satisfactory performance of the services required. The City may also investigate qualifications of all Proposers to whom the award is contemplated, and the City may request clarifications of proposals directly from one or more Proposers. In reviewing the proposals, the City may consider the following:

4(A). The qualifications (including education, training, licenses, experience, and past performance) of the Proposer and its agents, employees, and subconsultants in completing projects of a similar type, size, and complexity. The City may consider Proposer's timely and accurate completion of similar projects within budget.

4(B). The feasibility of the proposal based upon the methodology of the proposed scope of services, Proposer’s capability of developing innovative techniques, and the reasonableness of the schedule of billing rates.

4(C). Proposer’s understanding of the work to be completed based upon the clarity of the proposal and responsiveness to this RFP.

4(D). Proposer’s proposed changes to provisions of the Services Agreement.

4(E). The City has prepared a description of the Selection Process and Criteria which is attached as Exhibit 2 to the Request For Proposals (“RFP”).

5. AWARD OF AGREEMENT. Upon completion of the review period, the City shall notify those Proposers who will be considered for further evaluation and negotiation.

All Proposers so notified, and if requested shall make presentations and negotiate in good faith in accordance with direction from the City. Any delay caused by Proposer's failure to respond to direction from the City may lead to a rejection of the Proposal.

5(A). If the City determines, after further evaluation and negotiation, to award the Agreement, a Service Agreement shall be sent to the successful Proposer for the Proposer's signature. No proposal shall be binding upon the City until after the Agreement is signed by duly authorized representatives of both Consultant and the City.

5(B). The City reserves the right to reject any or all proposals, and to waive any irregularity. The award of the Agreement, if made by the City, will be based upon a total review and analysis of each proposal and projected costs. The City may negotiate multiple service agreements with top ranking proposers.

6. COSTS ASSOCIATED WITH PROPOSAL PREPARATION ARE SERVICE

PROVIDER RESPONSIBILITY. All costs incurred by prospective proposers associated with the preparation of a response to this Request for Proposals and subsequent demonstrations, analyses, studies, responses to inquiries, travel for purposes of competing for and/or negotiating a contract with the City are the sole responsibility of the proposer.

7. COMPLIANCE WITH LAW AND STANDARD OF CARE. Consultant shall comply with all applicable federal, state, and local laws including any applicable legal requirement imposed by Executive Orders duly issued at the federal, state and local level, whether or not said laws are expressly stated in this Agreement. Consultant shall perform services under this Agreement using a standard of care equal to, or greater than, the degree of skill and diligence ordinarily used by reputable professionals, with a level of experience and training similar to Consultant, performing under circumstances similar to those required by this Agreement.

8. PROTESTS AND APPEALS. Protests may be submitted only by a party that has submitted a bid or proposal in response to the contract solicitation. A subcontractor of a bidder or proposer may not submit a protest. A party may not rely on a protest submitted by another party but must timely pursue its own protest.

A protest that merely requests a re-evaluation of a proposal’s content will not be entertained.

Notice of Decision. After a decision to award a contract subject to these protest provisions has been made the City shall issue a notice of intent to award by posting the notice on the designated public bulletin boards and on the City’s bid results web page.

Time to Submit Protest. All protests must be submitted in writing to the purchasing division before 5:00 p.m. on the fifth business day after the date of posting of the City’s notice of intent to award. The protestor shall bear the risk of non-delivery within the time period specified above regardless of the method of delivery selected (facsimile, electronic mail, delivery service, United States mail service).

Form of Protest. All protests shall be in writing and shall contain a complete statement of: the legal grounds for the protest; all the facts relevant to the protest;

and the form of relief requested and the legal basis for such relief. All protests shall be accompanied by all documentations supporting the grounds for the protest. The protest shall include the name, address and telephone number of the person representing the protesting party.

9. DIR REGISTRATION. City may not accept a Proposal from, or enter into an

Agreement with, a proposer without proof that the proposer is registered with the California Department of Industrial Relations (“DIR”) (if the requested work falls under the scope of prevailing wage laws) to perform public work under Labor Code Section 1725.5, subject to limited legal expectations.

10. ERRORS AND OMISSIONS. The proposer bears full responsibility for exclusions or errors in the proposals submitted. Upon proposal submittal, the City reserves the right to hold the proposer accountable and responsible for their submitted proposal.

Failure to review or comprehend any portion of this proposal does not absolve the proposer of the responsibilities articulated herein.

EXHIBIT 1

SCOPE OF SERVIES

OVERVIEW - CITY OF FREMONT:

The City of Fremont (City), through the Parks Planning and Design Division of the Community Services Department, is seeking proposals from qualified firms to provide On-Call Irrigation Design Services for City of Fremont projects. The City of Fremont has 64 existing parks, encompassing approximately 1,224 acres of land. Most of the parks are up-to-date with an automated irrigation system. However, changes in irrigation design standards, water use requirements, and site layout often require upgrading of the system. The City also has a capital improvement program that includes expansion of parkland, new medians, and improvements to publicly owned land.

The City Parks Planning and Design Division currently produces design and construction drawings for irrigation work, including irrigation well design. Several of the parks are irrigated with irrigation wells that are of various conditions and performance levels. These facilities may need to be replaced, repaired or redeveloped. Additional irrigation well sites may be required. This contract will allow the City to expediently develop irrigation plans through the selected consultant, without delay to project schedules.

DESIGN STANDARDS:

The City of Fremont takes water conservation seriously. The City looks at the planting and irrigation design of each site as an opportunity to enhance the environment, while conserving the resources that it will take to maintain the landscape. The following points outline some of the ways we put this into practice.

• Design using the latest water conserving technology and products.

• Design all systems with automatic controllers that are equipped with water monitoring capabilities, by seasonal program percentages based on Evapotranspiration (ET).

• Design master control systems with backflow and pressure reducing devices.

• Design systems with rain, wind, moisture sensing override devices or weather stations as appropriate.

• Design with gallonage, matched precipitation, pressure compensating rotors, rotators, spray heads and bubblers nozzles on bodies that are equipped with internal or in line check valves.

• Zone rotor, rotator spray heads and bubblers based on their GPM, PSI, arc pattern, radius, precipitation rates and plant material types being irrigated.

• Design with bubbler nozzles and underground irrigation tubing when appropriate.

• Zone the irrigation system into hydro-zones based on solar exposure, soil structure, topography, plant material types and their water requirements.

• Design turf and shrub areas to be watered separately through separate valve zones.

• Design using scheduled repeat cycles (cycle/soak) and appropriate equipment as necessary to avoid runoff and overspray.

• Design systems to maintain or exceed a level of 0.71 efficiency or per current

WELO standards.

• Design systems for use of reclaimed water, if and where, available.

• Design systems to be retrofitted to reclaimed water, if and when, available.

SCOPE OF WORK:

The City has been transitioning to use the Calsense controller throughout the City’s parks and streets irrigation system. There are at least 76 Calsense controllers throughout City parks and medians, with a few controllers that are not to Calsense standards yet. Also, some Calsense controllers are also part of a communications Hub network and the City may need to install a new Hub to improve coverage. Consultant shall be familiar with the Calsense system and shall be responsible for coordinating with a Calsense representative on all new and retrofit irrigation designs.

The scope of work for potential projects may include, but not be limited to:

1. Initial site investigation and assessment of work based on project goals set by the City.

2. Review of planting zones for hydrozone efficiency.

3. Review of City Standard irrigation details and material list and recommend upgrades where appropriate. Develop or update City standard irrigation details in CAD as required in project scope.

4. Provide peer review of work prepared by City staff, and make recommendations and revisions as directed by the City.

5. Comply with State (Model Water Efficient Landscape Ordinance) and local requirements.

6. (Pre-Design) - Assessment and Development of Existing Irrigation As-builts:

a. Review site conditions and existing above ground irrigation components with City staff, Alameda County Water District (ACWD), and other agencies, as required by project scope.

b. Utilize existing survey to produce CAD documents with all above ground irrigation components. Add any missing irrigation components with GPS or field measurements.

c. Coordinate with City staff in obtaining field piping notes or field knowledge to complete pipe routing of the various components.

d. Provide final CAD and PDF documents with all irrigation components to be provided as deliverable.

e. Coordination with the City’s consultants and contractors as required.

7. (Design) - Conceptual Design and Design Development Phase:

a. Prepare conceptual design, including plans, details and draft specifications for City review and approval.

b. Provide product and material cut sheets.

c. Prepare budgetary cost estimates.

d. Review proposed planting zones and calculate the estimated amount of water required for the project site.

e. Coordinate with City and other consultants in determining joint trench and clearance requirements.

f. Coordinate with a Calsense representative on all new and retrofitted designs and to involve CalSense into the design process.

g. Landscape Documentation Package:

i. Project Information

ii. Water Efficiency Landscape Worksheets

1. Site inspection Worksheet – Point of Connection (POC) Information

2. Site inspection Worksheet – Controller Information

3. Site inspection Worksheet – Station Information

4. System Capacity Calculations

5. Water Efficient Landscape Worksheet

a. Hydrozone Information Table

b. Water Budget Calculations

c. Maximum Applied Water Allowance (MAWA)

d. Estimated Total Water Allowance (ETWU)

6. Part 1. Certificate of Completion

7. Part 2. Certification of Installation According to the

Landscape Documentation Package

8. Part 3. Irrigation Schedule

9. Part 4. Schedule of Landscape and Irrigation Maintenance

10. Part 5. Landscape Irrigation Audit Report

11. Part 6. Soil Management Report

12. Soils Analysis Report

13. Verification of Implementation

iii. Soil Management Report

iv. Irrigation Plan

v. Irrigation Schedule

vi. Landscape and Irrigation Maintenance Schedule

vii. Irrigation Audit, Irrigation Survey and Irrigation Water Use Analysis

viii. Irrigation Efficiency

ix. Recycled Water

x. Booster Pump Design

xi. Irrigation Well Design

8. (Post Design) - Construction Documents Phase:

a. Prepare construction documents, including plans, details and specifications, complete and ready for City review, permitting and bidding.

Final bid construction documents set shall be stamped and signed by design professional in charge.

b. Construction documents shall conform to graphic standards, including title blocks, scale, established by the City.

c. Prepare cost estimate to correspond with line items and unit costs on project Bid Spreadsheet and Measurement and Payment Clause in the project specifications.

d. Prepare technical specifications in City Standard, CSI or Caltrans format, as required or directed.

e. Provide all plans to the City in AutoCAD format (most recent version).

f. Project administration as required.

9. Project Construction Phase:

a. Provide evaluation on material substitution request.

b. Review submittals and shop drawings.

c. Review and respond to contractor Request for Information (RFI).

d. Change order evaluation as necessary.

e. Perform periodic site inspections to inspect installation mainline, backflow and other related apparatus, at the request and coordination with the General Contractor or their landscape/irrigation subcontractor.

f. Perform periodic site inspections of the operation of various valves and irrigation zones, controlled manually and remotely by the Calsense clock, and observe function, coverage, and make comments for inclusion in the various punch list, at the request and coordination with the General Contractor or their landscape/irrigation subcontractor.

g. Attend construction punch walk and generate project punch list.

h. Project Conformed Set of Project Documents in CAD and PDF format at project completion for City records.

10. Provide recommendations to update existing City’s Park Standard Details and suggest details to add to the Park Standard Details. This may include coordinating with the City’s Maintenance staff for current practices, standards, and equipment lists.

Current City Standard Irrigation Details include the following and can be viewed here: https://www.fremont.gov/government/departments/parks-planning-design/requirements-details/landscape-standard-details (LSD-14 to LSD-26)

a. Irrigation Materials

b. Irrigation Controller Cabinet with Calsense Controller

c. Irrigation Backflow Preventer Unit (includes in line pressure reduction valve and wye strainer)

d. Backflow Preventer Unit Enclosure

e. Irrigation/Potable Main Line Trench

f. Irrigation Quick Coupling Valve in Box

g. Irrigation Wire Splice

h. Paige Cable Wire Splice

i. Irrigation Rotor or Pop-up

j. Irrigation Gate Valve

k. Irrigation Remote Control Valve with Gate Valve

l. Irrigation Master Valve and Flow Sensor

m. LDRP Form A: Water Efficient Landscape Worksheet

CONTRACT TERMS AND CONDITIONS

The intent of this RFP is to enter into a master agreement for the performance of Irrigation Design consultant services on a task order basis. It is anticipated that the selected consultant will work under a five-year Master Service Agreement with the City.

Prior to commencing work on any project, a task order and scope of services shall be executed specifying the project description, total compensation for the specific project, consultant performance expectations, and a delivery schedule.

Payment for services provided under the service agreement will be billed hourly on an “time and materials” basis against each Task Order, with a to be determined not-to-exceed limit for the five-year Master Agreement. The City reserves the right to enter into multiple Contracts for these services and/or to issue a stand-alone RFP for any specific project at any time. The City may request consulting services in addition to one person from time to time, provided the annual not-to-exceed limit of the Master Agreement is not exceeded.

https://www.fremont.gov/government/departments/parks-planning-design/requirements-details/landscape-standard-details https://www.fremont.gov/government/departments/parks-planning-design/requirements-details/landscape-standard-details https://www.fremont.gov/home/showpublisheddocument/15259/638466371737530000

TASK ORDERS

Once the Master Service Agreement has been executed, the Consultant will be assigned project-specific Task Orders. Although the contract will be under the direction of the Parks Planning and Design Manager, the Consultant will work directly with a variety of City project managers to be identified on each Task Order. The Project Manager for each City project will request a detailed scope, cost proposal, and staff assignment from the Consultant for a given task order. After acceptance of the scope and budget by the City, the Consultant will be given a Notice to Proceed (NTP) for the task order and be expected to complete the work in timely fashion.

After the NTP, if the Consultant determines that additional cost is needed to complete the task, the Consultant shall send a written request to the City’s Project Manager, prior to performing the work. After acceptance of the additional cost, an amendment to the project-specific Task Order will be executed.

EXHIBIT 2

SELECTION PROCESS AND CRITERIA

Short-List Selection Process A review committee will evaluate all responses to the RFP that meet the submittal requirements and the submittal deadline. Submittals that do not meet the submittal requirements or the deadline will not be considered.

The City currently anticipates selection of the top ranked consultant(s) based solely on the proposals. Should the committee find that consultant interviews are needed, the proposals will be ranked and a short-list of consultants will be established and contacted for interviews. A limited number of shortlisted consultants may be selected.

Selection Criteria

The Proposals will be evaluated using the following criteria:

• Qualifications and experience of key project team members, particularly the Project Manager, qualified technical and support personnel;

• Overall and local public sector clients experience with engagement of similar scope and complexity;

• Ability to respond in a timely manner;

• Quality and completeness of the proposal;

• Ability to meet contract and insurance requirements.

SAMPLE

DESIGN PROFESSIONAL MASTER SERVICES AGREEMENT

This Master Service Agreement (Agreement) is made by and between the City of Fremont, a municipal corporation (City), and ________________________ [INSERT FULL LEGAL NAME, I.E., LLC, PARTNERSHIP, CORPORATION] (Consultant). City and Consultant may be individually referred to as a “party” and collectively as the “parties.”

RECITALS

A. City requested a proposal from Consultant to perform as needed services generally including: _________________________________ [INSERT GENERAL

DESCRIPTION].

B. In response, Consultant submitted a proposal, and, after negotiations agreed to provide the services described in Exhibit A (Scope of Work) in return for the compensation described in this Agreement and in Exhibit B (Compensation).

C. In reliance upon Consultant’s representations regarding its qualifications, as set forth in Exhibit C (Qualifications), the City finds that Consultant has demonstrated the requisite qualifications, experience, training, and expertise to perform the requested services.

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND

CONDITIONS IDENTIFIED HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. SCOPE OF SERVICES.

1(A). Consultant shall perform the services generally identified above and more particularly described in Exhibit A, attached and incorporated by reference (Services), in accordance with the terms and conditions of the Agreement. As issues arise for which City requires Services, City will issue task orders describing the specific Services required in a form like the one attached in Exhibit A-1 (Task Order).

1(B). No work shall be performed unless approved by City through a written Task Order. City will request proposals from Consultant for each Task Order when Services are needed. Consultant shall respond with a scope, cost proposal, work schedule and estimated hours in a reasonably prompt manner by no later than the date stated in the Task Order. Upon City's approval of Consultant’s proposal, City will issue a Task Order. Consultant shall commence performance and shall complete all required Services no later than the dates set forth in accordance with the approved Task Order.

2. TERM. The Agreement commences on the date last signed by the parties and ends on _______________, unless terminated earlier or extended as provided in the Agreement.

3. TIME FOR PERFORMANCE. Time is of the essence and Consultant shall complete the Services within the term of the Agreement and in accordance with the timing requirements set forth herein, in Exhibit A, and in any Task Order approved by City.

Any Services for which times for performance are not specified shall be commenced and completed in a reasonably prompt and timely manner based upon the circumstances and City direction. Consultant shall submit all requests for extensions of time to City in writing no later than ten (10) days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due. All references to “days” or “time periods” in the Agreement shall mean calendar days unless otherwise specified.

4. COMPENSATION. The total compensation (including any reimbursable expenses) payable to Consultant for the Services identified in Exhibit A for the entire term of the Agreement shall not exceed __________ dollars ($_________) and shall be based on the compensation, billing rates, and charges set forth in Exhibit B, attached and incorporated by reference. Any hours worked performed for which payment would exceed the not-to-exceed amount set forth herein shall be at no cost to City.

Consultant shall only be paid for Services performed to the extent authorized by written Task Order. City does not guarantee any specific amount of work or billable hours under the Agreement, and no overhead or other expenses can be recovered for interim periods when Consultant's Services are not utilized by City.

Billing. To request payment, Consultant shall submit monthly invoices to City identifying the Services performed and the charges therefor (including personnel who performed the Services and reimbursable expenses), based upon Consultant’s billing rates or set forth in Exhibit B. City will timely pay invoices for Services which are performed in accordance with the Agreement to City’s satisfaction.

5. AUTHORIZED REPRESENTATIVES. All regular communication regarding the

Services and administration of the Agreement shall be between the parties’ Authorized Representatives designated below. Consultant shall not replace its Authorized Representative, or any of the personnel or subconsultants identified in Exhibit C without City’s prior written consent. All Services shall be performed by, or under the direct supervision of, Consultant’s Authorized Representative. City will notify Contractor of any changes to its designation.

City Representative: Contractor Representative:

NAME / TITLE NAME / TITLE

CONTACT INFORMATION CONTACT INFORMATION

6. INFORMATION AND DOCUMENTATION.

6(A). City Information. City has provided Consultant with information necessary to perform the Services and will provide any further information needed for any Task Order issued. Consultant shall promptly notify City if it requires additional information.

6(B). Consultant’s Accounting Records. Consultant shall maintain all accounting records for the Agreement in accordance with generally accepted accounting principles and applicable law for the duration of the Agreement plus four (4) years from the date of final payment, including, at a minimum, all documents which support Consultant’s costs and expenses (including personnel, subconsultant invoices and payments, and reimbursable expenses). Such records shall be made available to City upon request.

6(C). City Proprietary and Confidential Information. In the performance of the Agreement or in contemplation thereof, Consultant may have access to proprietary or confidential information owned or controlled by City, which if disclosed to third parties may be damaging to City. Consultant shall hold all City information in confidence and use it only to perform the Services and shall exercise the same standard of care to protect City information as a reasonably prudent consultant would use to protect its own proprietary and confidential data.

6(D). Ownership of Work Product. City owns all rights in and to the work product created or prepared by or on behalf of Consultant under the Agreement, in any form or media (including electronic equivalents), without restriction or limitation upon their use, whether complete or in progress, including without limitation: reports, writings, drawings, files, plans, data, recordings, calculations, specifications, models and any other materials and copyrights, if any (Work Product). Consultant makes no representation of the suitability of the Work Product for use by City outside of the scope of this Agreement. Neither Consultant nor its subconsultants shall reveal the Work Product to any third party without City’s prior written consent. All Work Product shall be given to City upon request or at the completion of the Services. Consultant may keep copies of certain material with City’s written approval.

6(E). Copyrights. All copyrights that arise from the Services shall be vested in City and Consultant relinquishes all claims to the copyrights in favor of City. To the extent permitted by Title 17 of the United States Code, the Work Product shall be deemed a “work for hire” and all copyrights in such work shall constitute City property. If it is ever determined that any Work Product is not a “work for hire” under United States law, Consultant hereby assigns to City all copyrights to such works and waives and relinquishes all copyrights and other intellectual property rights in favor of City.

6(F). Cost Estimates. If the Scope of Work in Exhibit A requires Consultant to submit estimates of probable construction costs, the provisions of this subsection shall apply. If the total estimated construction costs submitted at any phase of project design exceeds ten percent (10%) of City’s stated construction budget, Consultant shall provide recommendations to City for aligning the project design with the budget, incorporate City-approved recommendations, and revise the design to meet the project budget at no additional cost to City.

Subsections 6(B), 6(C), 6(D) and 6(E) shall survive the expiration or early termination of the Agreement.

7. RELATIONSHIP BETWEEN THE PARTIES. Consultant shall perform the Agreement as an independent contractor and is solely responsible for the acts of its employees, agents, and subconsultants. Consultant is not an employee, officer, or agent of City and shall have no authority to act for or to bind City to any obligation whatsoever unless City provides prior written authorization. Consultant is not entitled to any City benefit, right, or compensation other than what is provided in the Agreement and is solely responsible for payment of taxes, fees, and charges related to its business operations and performance of the Agreement.

8. CONFLICTS OF INTEREST PROHIBITED. Consultant, its employees, agents, and subconsultants shall avoid any direct or indirect interest that conflicts with the performance of this Agreement and shall comply with all requirements of the Political Reform Act, including California Government Code §§ 1090 and 81000, et seq., and any other state and local laws relating to conflicts of interest, including: (a) Consultant shall not make or participate in a decision made by City if it is reasonably foreseeable that the decision may have a material effect on Consultant’s economic interest, and (b) if required by law, Consultant shall file financial disclosure forms with the City Clerk. If Consultant maintains or acquires a conflicting interest, this and any other agreement with City involving Consultant’s conflicting interest may be terminated by City.

9. NONDISCRIMINATION. Consultant shall not discriminate against any employee or applicant because of race, color, religious creed, national origin, physical disability, mental disability, medical condition, marital status, sexual orientation, gender or other legally protected status. Consultant will include this requirement in any subcontract.

10. WAGES AND COMPLIANCE WITH LABOR CODE. Consultant shall comply with the minimum wage requirements of Fremont Municipal Code, Chapter 5.30. If any Services are considered a “public works” under California Labor Code § 1720 et seq., Consultant shall comply with all applicable legal requirements, including payment of prevailing wage, retention of certified payroll records, and any other requirements imposed by the Department of Industrial Relations.

11. COMPLIANCE WITH LAW AND STANDARD OF CARE. Consultant shall comply with all applicable federal, state and local laws, codes and regulations, and any duly issued executive orders, even if said laws are not expressly stated in the Agreement.

All Services shall be performed skillfully, competently and to the highest standards of

Consultant’s profession and in a manner consistent with the standard of care exercised by reputable members of Consultant’s profession performing under similar circumstances to those required herein.

12. ERRORS AND OMISSIONS. At its sole cost, Consultant shall correct any errors, omissions, and ambiguities (Errors) in the Work Product and shall re-perform any Services that do not meet the requirements of the Agreement upon discovering said Errors or receiving written notice from City. If the Work Product includes plans and specifications or other design documents to be used in construction of a project, Consultant shall be obligated to correct said Errors that are discovered prior to and during project construction. Consultant shall reimburse City for any damages and costs caused by said Errors, which City may charge as an offset to Consultant’s payment. This section survives the expiration or early termination of the Agreement for a minimum period of twelve months.

13. LICENSES. Consultant represents and warrants that it has all licenses, permits, qualifications, insurance, and approvals that are legally required to practice its profession and perform the Agreement, which shall be kept in effect during the full term of the Agreement at its sole expense. Consultant must be a licensed architect, registered engineer, or licensed general contractor to perform any construction management services.

14. BUSINESS TAX. Consultant shall apply for and pay the business tax and registration tax required under Fremont Municipal Code, Chapter 5.05. Consultant must provide City with written documentation to support any requested waiver of said taxes.

15. INSURANCE. For the duration of the Agreement, Consultant shall maintain insurance to cover Consultant, its employees, agents, representatives, and any subconsultants in the performance of the Agreement and shall comply with the requirements set for in Exhibit D (Insurance Requirements), attached and incorporated by reference, which identifies the insurance types and minimum levels required for the Agreement. Compliance with Exhibit D shall not relieve Consultant of any other requirements under the Agreement (including indemnity requirements), and Consultant may carry, at its own expense, any additional insurance it deems necessary or prudent. Concurrently with the execution of the Agreement and prior to commencing any Services, Consultant shall furnish written proof of insurance (certificates and endorsements) in a form acceptable to City. Consultant shall provide substitute written proof of insurance no later than 30 days prior to the expiration date of any insurance policy required by the Agreement.

16. REPORTING DAMAGES. If any person is injured or property is damaged in connection with the performance of the Agreement, Consultant shall immediately notify the City’s Risk Manager by telephone at 510-284-4050 and shall promptly submit to the Risk Manager a written report (in a form acceptable to City) with the following information: (a) detailed description of the incident, (b) name and address of the person injured or deceased and of any witnesses, (c) whether any City property was involved, and (d) name and address of Consultant's insurance company.

17. INDEMNIFICATION. To the fullest extent permitted by law, Consultant shall hold harmless, defend (with counsel approved by City), and indemnify City, its elected officials, officers, employees, agents, and approved volunteers from and against any and all claims, litigation, demands, damages, liabilities, costs and expenses (including court costs, attorney’s fees, experts fees and other costs and fees of litigation or other dispute resolution proceeding) (Claims) resulting or arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant, its employees, agents and subconsultants. The cost to defend City charged to Consultant shall not exceed Consultant’s proportionate percentage of fault. Notwithstanding the previous sentence, if one or more defendants are unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs.

This section survives the expiration or early termination of the Agreement and is not limited by the insurance provisions in the Agreement.

18. TERMINATION AND SUSPENSION. City in its sole discretion may terminate the

Agreement or suspend the Services for convenience, in whole or in part, upon giving fifteen (15) days’ prior written notice to Consultant. If Consultant fails to perform any of its material obligations under the Agreement, in addition to all other legal remedies, City may terminate the Agreement immediately for cause upon written notice to Consultant setting forth the effective date of termination. Consultant shall cease all work as of the date of termination unless otherwise instructed by City and will be paid for Services satisfactorily performed up to the date of termination in accordance with the terms of the Agreement and Exhibit B, but not to exceed the maximum amount authorized in section 4 of the Agreement.