Professional Engineering Services for Watershed Management Plan 2024

Agency: City of Albany
State: California
Level of Government: State & Local
Category:
  • C - Architect and Engineering Services - Construction
  • R - Professional, Administrative and Management Support Services
Opps ID: NBD10188146899591698
Posted Date: Feb 27, 2024
Due Date: Mar 11, 2024
Source: Members Only
Professional Engineering Services for Watershed Management Plan 2024
  • Category: Assessment
  • Start Date: 02/12/2024 4:00 PM
  • Close Date: 03/11/2024 5:00 PM

City of Albany, California

Public Works Department

REQUEST FOR PROPOSALS

Professional Engineering Services

Watershed Management Plan

RELEASE DATE: February 12, 2024

PROPOSALS DUE: March 11, 2024 at 5:00 PM

CONTACT:

David Lam, Associate Engineer | DLam@albanyca.org

Allison Carrillo, CIP Program Manager | ACarrillo@albanyca.org


INTRODUCTION

The City of Albany (City) is requesting proposals from qualified consulting firms to assist with the development of a Watershed Management Plan and Storm Drain Master Plan. This document outlines the scope of work for the consulting services. Electronic copy (PDF) of proposal shall be submitted to David Lam DLam@albanyca.org with a copy to Allison Carrillo at ACarrillo@albanyca.org .

The City of Albany (“City”) is seeking the qualified proposer to assist the City to:

  • Update the inventory of the City’s existing storm drain system assets;
  • Assess the City’s storm drain assets’ conditions and functionality;
  • Update the City’s GIS inventory of storm drain assets;
  • Develop a Storm Drain Master Plan for the City;
  • Prepare a Watershed Management Plan for the City incorporating elements of the Storm Drain Master Plan.

BACKGROUND

The City of Albany is located adjacent to the San Francisco Bay, bounded by the communities of El Cerrito to the north, Berkeley to the south and east, and Kensington to the northeast.  The City can be divided into five watersheds extending into the Berkeley Hills and draining into the San Francisco Bay.  Most of the City’s storm drain system was built in the 1920’s and 1930’s in conjunction with the development of the residential neighborhoods.  The drainage system consists of approximately 12 miles of storm drain pipeline and 2.5 miles of culverts.  During the development of Albany through the 1950’s, the city’s creeks were placed in culverts, buried, and built over, resulting in the separation of the waterways from wildlife and the restriction of access to the drainage infrastructure.

The City has coverage under the San Francisco Bay Area Region’s Municipal Regional Stormwater Permit (NPDES Permit no. CAS612008), most recently issued in May 11, 2022.  Under this iteration of the permit, commonly referred to as MRP 3.0, the City must comply with numerous requirements for pollution prevention and reduction related to various pollutant sources, such as runoff from urban development, industrial and construction activities, trash generation, and others.

The City’s Watershed Management Plan is a document aimed at achieving the City’s goals of prevention of urban pollution in runoff, protecting water quality in nearby waterways, and reducing the risk and damage caused by flooding due to insufficient and aging infrastructure.  The City last prepared a Watershed Management Plan in October 1998, which included assessments of the storm drain system in each of the five watersheds within the city and identification of storm drain improvement projects.

SCOPE OF SERVICE

The purpose of this RFP is to solicit proposals from qualified professionals with experience in municipal water resources planning and stormwater engineering to assist the City in developing an updated Watershed Management Plan.  The Plan will serve as the primary planning and management tool for the City’s creeks, waterways, and stormwater assets.

The goals of the development of the Watershed Management Plan include the following:

  1. Provide an updated inventory of the City’s stormwater system assets in GIS format, including information on location, size, materials, and depths.
  2. Provide a point-in-time condition assessment of the components of the stormwater system, including identification of assets in need of repair.
  3. Utilizing engineering and cost analysis best practices, develop an updated Storm Drain Master Plan identifying storm drain improvement projects required to meet the City’s drainage needs and prioritizing improvement projects for the City to implement on a five-year timeline and beyond, as well as proposing several budget scenarios for implementing the proposed drainage improvements.
  4. Identify project opportunities for watershed restoration, waterway quality improvement, urban runoff reduction, green infrastructure implementation, and reuse of urban stormwater as a resource.

The specific tasks and deliverables are described below. Tasks and corresponding deliverables outlined in this RFP may be modified based upon professional recommendations from the qualified proposer’s previous experience with similar projects.

TASK 1 – PROJECT MANAGEMENT

Consultant shall provide project management required to complete the project on time and within budget and address the City’s concerns. Project management activities include:

  • Prepare Project Work Plan that will serve as a communication tool for project team members and stakeholders, which will include information on project team, team member contact information, detailed scope of work, project schedule including deliverables and meeting dates, and method for tracking project spend against progress.
  • Hold a project kickoff study session meeting with City Staff and Council to receive feedback on City concerns and priorities. Consultant will prepare agenda and meeting minutes. A draft work plan will be distributed at the project kick-off meeting.
  • Attend at minimum five public meetings with City staff to present to Council and Commission(s) and discuss project goals and deliverables, including preparing informational outreach materials (e.g. – presentation slides) for target audience.
  • Perform coordination with City and project team members.
  • Provide budget and schedule tracking.
  • Prepare monthly invoices and project status reports.

Deliverables and Schedule:

Task 1-1: Project Work Plan

Spring 2024

Task 1-2: Kick-off Study Session with City Staff and Council

Spring/Summer 2024

TASK 2 – FIELD DATA GATHERING AND CONDITION ASSESSMENT

Maintaining an updated inventory of field-verified stormwater asset data is a critical foundation to stormwater planning efforts.  The Consultant will review and update the City’s storm drain asset inventory, perform a visual condition inspection of the storm drain system, and perform flow monitoring to establish point-in-time data with which to assess storm drain system performance.

Data Review:

Conduct desktop research on the existing storm drain system through review of past plans, maps, drawings, and other relevant records from the City, County, or other sources.

Field Data Collection:

Locate and verify elements of the City’s storm drain infrastructure, including inlets, medallions, pipes, culverts, manholes, junctions, gutters, channels, creeks, trash capture devices.  For assets missing from the City’s inventory database, obtain and input the relevant gaps in the data, such as asset type, location, size, material, and depth, such that the asset may be added to the City’s storm drain inventory.  Develop and verify drainage areas for each storm drain inlet.

Using the data collected from the field, Consultant will work with City staff to integrate the new data into an update to the City’s existing ArcGIS.

Condition Assessment:

Consultant will inspect the condition of the storm drain system’s components, such as drain inlets, catch basins, pipes, manholes, and junctions using CCTV or other methods for cracks, failures, or other deficiencies.  The results will be compiled into a condition assessment report and will inform the preparation of the Watershed Management Plan in Task 3.

The condition assessment data will be packaged for delivery to the City for import into IT Pipes in PACP v7 format.

Flow Monitoring:

Install flow meters at up to one dozen key locations around the City’s storm drain system to record watershed drainage flow rates over one wet season.  Prepare a Work Plan identifying the key locations to be monitored based and discussion on their inclusion in the monitoring network.  Install the flow monitors so they are operational before the 2024-2025 wet season (estimated October 1, 2024).  Collect flow data for one wet season (through April 2025) and include the data in evaluation of the system performance in the Watershed Management Plan in Task 3.

Deliverables and Schedule:

Task 2-1: Updated GIS inventory integrated into City’s existing ArcGIS

Summer 2024

Task 2-2: Condition Assessment Report

Summer 2024

Task 2-3: Network Condition Spatial Data in PACP v7 Format

Summer 2024

Task 2-4: Flow Monitoring Work Plan

Summer 2024

Task 2-5: Installation of Flow Meters

Summer 2024

TASK 3 – WATERSHED MANAGEMENT PLAN

Prepare a Watershed Management Plan (WMP) using the data and evaluations conducted under Task 2.  The Watershed Management Plan is envisioned as a holistic planning tool to meet the City’s vision for waterway health and while meeting its drainage needs.  The WMP consists of elements of a Storm Drain Master Plan, as well as addressing elements of watershed health, vitality, and risk mitigation.

The Consultant will meet with stakeholders upon project kickoff to establish Plan goals, strategies for achieving goals, and criteria for measuring progress.

At a minimum, the WMP will include the following:

  1. City Plans and Regulatory Considerations: Consideration for the City’s related planning efforts, such as the General Plan, Council Strategic Plan, Parks and Open Space Master Plan, Active Transportation Plan, Green Infrastructure Plan, Trash Reduction Plan, etc., as well as the regulatory requirements applicable to the City, such as existing City ordinances, state and local regulations, and requirements of the Municipal Regional Stormwater Permit (MRP 3.0).
  2. System Assessment: Assess the adequacy of the City’s existing system for meeting its goals using engineering best practices and hydraulic modeling, as applicable. This assessment shall consider the condition of the existing stormwater drainage network, reports of observed flooding.
  3. Update Standard Details and Specifications: Coordinate with Public Works Engineering staff to update storm drain standard details and specifications with the latest relevant references.
  4. Climate Resiliency: Assess the storm drain system’s ability to meet the City’s drainage needs accounting for the impacts of climate change on the frequency and intensity of storms, sea level rise, and tidal impacts using the most recently published data.
  5. Methodology: Discuss the hydraulic modeling method, including data used, assumptions made, limitations, differences compared to past methodology (if applicable), and references to standards used. Include a discussion of the system performance relative to the modeled performance and improving model accuracy.
  6. Operation and Maintenance: Discuss the effective maintenance requirements of the storm drain system, including drainage and green infrastructure.
  7. Risk Assessment: Assess the City’s existing and potential risks associated with the operation and maintenance of the storm drain network and propose a framework for evaluating and prioritizing risk mitigation projects. Assessments to include operation and maintenance at locations where the City easement exists, where culverts and crossings were constructed without easements, and proposed construction at open channels or creeks on private property.
  8. Groundwater Management: Monitor and evaluate the impact of groundwater on City operations and propose a framework for the City’s role, responsibilities, and limitations in managing the impacts of groundwater on the public infrastructure and risk management related to private properties.
  9. Water Quality Improvement Opportunities: Include a discussion on project opportunities for watershed restoration, waterway quality improvement, urban runoff reduction, lowering peak flow, green infrastructure implementation, and reuse of urban stormwater as a resource. The discussion should include benefits, feasibility, challenges, and a decision framework for evaluating potential projects against other priorities.
  10. Project List and Budget Scenarios: Develop a list of storm drain capital improvement projects framework for prioritization of potential projects at a minimum of five years in the future. Evaluate funding sources and provide the City with conservative, moderate, and aggressive budget scenarios and the forecasted projects to be implemented within the scenarios presented.

The task includes one round of comments by City staff before a final plan is submitted.  The Consultant will then prepare to present a summary of the WMP and key findings to City Council.

Deliverables and Schedule:

Task 3-1: Watershed Management Plan

Summer 2025

Task 3-2: WMP Presentation to City Council

Summer 2025

CONSULTANT QUALIFICATIONS

The City of Albany seeks consultants that have the following qualifications:

Must have prior experience with storm drain master plan projects.

  • Must have prior experience in communicating storm drain technical topics with stakeholders of a variety of backgrounds, including City staff, engineers, Council and Commission members, and the general public.
  • Consulting company must maintain insurance and worker’s compensation policies that meet or exceed the minimum requirements of the City.
  • Consulting company must obtain a City of Albany business license prior to execution of a contract.

PROPOSAL REQUIREMENTS

To be considered for the professional engineering services being requested herein, proposals shall be submitted in response to this RFP must comply with the requirements herein.

Electronic (PDF) copy shall be submitted per the instructions noted herein. The proposal is required to contain the following information and should be arranged in the following order. Proposals shall be clear and concise, responsive to all RFP requirements, and formatted as follows:

  • Font size shall be no smaller than 11pt.
  • Every page of the submittal shall be numbered, except divider pages. Each page of the detailed scope of work included in the Appendix shall have its own page numbering.

The Proposal shall consist of the following sections:

TRANSMITTAL LETTER:  Provide any information not already included in the proposal that you believe will enhance your submittal with respect to the evaluation criteria. The transmittal letter shall:

  • Be signed by an individual authorized to obligate the Proposer to fulfill the commitments contained in the proposal.
  • Include a statement of the Proposer’s overall ability, qualifications, approach, commitment, and availability to conduct the work.
  • Include the name and address of the Prime Proposer. Addresses shall be for the location where most of the day-to-day engineering work will be performed.

STATEMENT OF PROJECT UNDERSTANDING: Provide a brief discussion of your understanding of the nature of the work, approach to be taken, and vision for providing quality services meeting the City’s needs.

PROJECT TEAM:  Introduce the key individuals of your project team that will be responsible for the production of the various categories of work and their time availability for the Project:

  • Provide an organizational chart indicating the role/responsibility for each team member. Detailed resumes for the key project team members may be included as an appendix to the proposal.
  • Provide a specific description of the team’s experience that qualifies each key project team member for the services required for this project.
  • Identify team member(s) responsible for public outreach (public workshops and Council meetings) and include at least two (2) references (name, current telephone number, and email address) to be contacted regarding their experience with public interactions.

Include at least three (3) reference projects, including a description of the project, team member’s role on the project, client contact information (name, current telephone number, and email address) for each reference project that can be contacted regarding the experience of each key project team member in providing the type of (or similar) services that are being sought by the City for this project.

WORK PLAN:  Prepare a work plan demonstrating your understanding of key issues and approach to completing the proposed scope of work, including any supplemental tasks not specifically outlined in the Scope of Services above.  Provide a detailed project communication plan describing how project team members and stakeholders will communicate task objectives and how progress on the tasks will be tracked.  Provide a breakdown of the schedule, including task deliverable dates and interim milestones, and estimated number of hours from each team member required to complete each of the required tasks.

FEE ESTIMATE:The estimate shall include total fee, including all expenses, and estimated staff time (hours) by task and job title required to complete the scope of work for all tasks. The billing rate for each job title shall be provided in the fee table. Upon review and rating of proposals by the selection team, the fee estimates will be compared. The fee estimate shall correlate to the detailed scope of work and schedule included within the proposal. The fee estimate shall include anticipated year-to-year increases in rates, if applicable.

OTHER SUPPLEMENTARY INFORMATION:  Consultant may provide other supplementary information in an appendix. However, such information may or may not be reviewed by the selection panel.

QUESTIONS DURING PROPOSAL PERIOD

Should discrepancies or omissions be found in this solicitation or should there be a need to clarify this solicitation, questions regarding this RFP must be put in writing and received by the City contact person no later than Monday, February 26, 2024 at 5:00 PM. All questions should be directed to David Lam at DLam@albanyca.org with a copy to Allison Carrillo at ACarrillo@albanyca.org . Do not contact any other staff members or elected officials of the City of Albany.

Inquiries received after the date and time stated will not be accepted. Responses to questions timely submitted will be answered within five (5) business days and distributed to all consultants that have requested the RFP from the City. Written addenda will be e‐mailed to consultants. Neither the City nor the consultant will be bound by any oral representations, clarifications, or changes made to this RFP unless provided in written addenda form. Consultant shall identify receipt of all responses and addenda in their Transmittal Letter.

PROPOSAL SUBMISSION

Electronic copy (PDF) of proposal shall be submitted to David Lam at DLam@albanyca.org with a copy to Allison Carrillo at ACarrillo@albanyca.org . Proposal must be submitted no later Monday, March 11, 2024 at 5:00 PM.

All proposals must be fully responsive to this RFP in order to be considered. The City reserves the right to reject any and all proposals for any reason. The City may waive informalities or irregularities in the proposal received where such is merely a matter of form and not substance, and the correction or waiver thereof is deemed by the City not prejudicial to other proposals. Any alteration, omission, addition, variance, or limitation of, from or to a proposal may be sufficient grounds for non-acceptance of the proposal, at the sole discretion of the City.

CONSULTANT SELECTION CRITERIA

Initial ranking of the consultant(s) will be based on the written proposal and references. The top ranked consultant(s) will be invited to an interview.  The final consultant selection will be based on a combination of the proposal and interview ranking.

PROPOSAL EVALUATION CRITERIA:

The received proposals will be evaluated for the criteria below in approximate order of importance:

  1. Qualification and Experience of Project Team. This includes the role, commitment, and qualifications of key personnel and their experience in similar projects. Comments received from references may also be considered.

  2. Approach to Work. This includes the understanding of project issues demonstrated by proposed scope and approach to work, the understanding of the project schedule, the interfacing of tasks unique/creative approaches to the work to best meet the City’s goals, approach to stakeholder engagement and effective communication across various levels of project stakeholders, and demonstrated ability to work collaboratively with clients/owners on similar projects.

  3. Value of Work Product. This includes the proposed fee and the value to the City of the work completed, the utilization of budget for each task, and a demonstrated ability to manage a project scope and schedule, and the efficiency with which the work is to be performed.

  4. Proposal Organization and Clarity. Ability to organize and present the RFP response proposal contents in a clear and concise format.

FOLLOW-UP INTERVIEW / PRESENTATION:

The top ranked consultants will be invited for an in-person follow-up interview with the selection panel.  The interview will consist of an introduction to the proposed project team followed by a an approximately 20-minute presentation by the project team of the consultant’s approach to the proposed work.  The presentation will be followed by an approximately 10-minute Q&A session on the presented material.

  1. RFP TIMELINE

Anticipated timeline and milestones for the RFP selection process are listed below. This City reserves the right to modify this schedule, as necessary, in its sole discretion.

Action

Date

Proposal Release Date

February 12, 2024

Deadline for Questions / Clarifications

February 26, 2024 at 5:00 PM

Answers to Questions Released

March 4, 2024

Proposal Submittal Deadline

March 11, 2024 at 5:00 PM

Selection Panel Interview*

Week of March 18, 2024

Notification of RFP Results*

April 1, 2024

Contract Award*

April 15, 2024

Notice to Proceed*

April 22, 2024

*Tentative Dates

ATTACHMENTS

Attachment A – Contract Form, Insurance Requirements, and New Vendor Form

Attachment B – City of Albany Watershed Management Plan, October 1998

Additional relevant City documents are available on the City’s website:

2035 General Plan:

https://www.albanyca.org/departments/planning-zoning/Albany-2035-general-plan

Active Transportation Plan:

https://www.albanyca.org/departments/public-works/transportation/albany-active-transportation-plan

Parks and Open Space Master Plan:

https://www.albanyca.org/departments/recreation-community-services/parks-recreation-open-space-master-plan

2023-2025 Council Strategic Plan:

https://www.albanyca.org/government/city-documents/-folder-3655#docan1734_6261_4067

RIGHTS OF THE CITY

This RFP does not commit the City to enter a contract, nor does it obligate the City to pay for any costs incurred in preparation and submission of proposals or in anticipation of a contract. An agreement shall not be valid or binding on the City unless and until it is executed by authorized representatives of the City and of the selected consultant. The City reserves the right to:

  • Make the selection based on the City’s sole discretion;
  • Reject any and all proposals;
  • Issue subsequent Requests for Proposals;
  • Postpone contract start date for its own convenience;
  • Remedy technical errors in the RFP process;
  • Approve or disapprove the use of particular sub‐consultants;
  • Approve any changes in the project team;
  • Negotiate with any, all, or none of the consultants;
  • Cancel the RFP and reject any and all quotations in whole or in part when it is in the best interest of the City;
  • Waive informalities and irregularities in the proposals;
  • Accept, modify, or reject any items of the proposals; and
  • Enter into an agreement with another consultant in the event the originally selected consultant defaults or fails to execute an agreement with the City.

Responses to this RFP become the exclusive property of the City. All proposals received in response to this RFP become a matter of public record and shall be regarded as public records.

COLLUSION & CONFLICT OF INTEREST

By submitting a proposal, each consultant represents and warrants that its proposal is genuine and not fraudulent or collusive or made in the interest of or on behalf of any person not named therein; that the consultant has not directly induced or solicited any other person to submit a fraudulent proposal or any other person to refrain from submitting a proposal; and that the consultant has not in any manner sought collusion to secure any improper advantage over any other person submitting a proposal.

The consultant also warrants that no gratuities, in the form of entertainment, gifts, or otherwise, were, or will be offered or given by the Consultant, or any agent or representative of the Consultant to any officer or employee of the City with a view toward securing a recommendation of award or subsequent contract or for securing more favorable treatment with respect to making a recommendation of award.

The consultant also warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under the contract resulting from this RFP. The consultant also warrants that, to the best of its knowledge, no officer, agent, or employee of the City who shall participate in any decision relating to this RFP and the resulting contract, currently has, or will have in the future, a personal or pecuniary interest in the consultant’s business.

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ATTACHMENT A
Contract Form & Insurance Requirements
CONTRACT #
AGREEMENT FOR CONSULTANT SERVICES
BETWEEN
THE CITY OF ALBANY
AND
FOR PROJECT:
This AGREEMENT FOR CONSULTANT SERVICES ("AGREEMENT"), is
made and entered into this ___ day of ___________ 20___ by and among the City of
Albany a California charter city ("CITY") and __________________________
[California corporation, partnership, LLC or LLP, or individual] ("CONSULTANT").
In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of SECTION 19 "TERMINATION OF AGREEMENT"
of this AGREEMENT, the term of this AGREEMENT shall be for a period of
_______________ from the date of execution of this AGREEMENT, as first shown
above. Such term may be reduced or extended upon written agreement of both parties to
this AGREEMENT.
SECTION 2. SCOPE OF SERVICES.
CONSULTANT agrees to perform the services set forth in EXHIBIT "A"
"SCOPE OF SERVICES" and made a part of this AGREEMENT.
SECTION 3. ADDITIONAL SERVICES.
CONSULTANT shall not be compensated for any services rendered in connection
with its performance of this AGREEMENT which are in addition to or outside of those
set forth in this AGREEMENT or listed in EXHIBIT "A" "SCOPE OF SERVICES",
unless such additional services are authorized in advance and in writing by the City
Council or City Manager of CITY. CONSULTANT shall be compensated for any such
additional services in the amounts and in the manner agreed to by the City Council or
City Manager.
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SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
Subject to any limitations set forth in this AGREEMENT, CITY agrees to pay
CONSULTANT the amounts specified in EXHIBIT "B" "COMPENSATION" and made
a part of this AGREEMENT. The total compensation, including reimbursement for actual
expenses, shall not exceed _____________________________ unless additional
compensation is approved in writing by the City Council or City Manager.
Each month CONSULTANT shall furnish to CITY an original invoice for all
work performed and expenses incurred during the preceding month. The invoice shall
detail charges by the following categories: labor (by sub-category), travel, materials,
equipment, supplies, sub-consultant contracts and miscellaneous expenses. CITY shall
independently review each invoice submitted by the CONSULTANT to determine
whether the work performed and expenses incurred are in compliance with the provisions
of this AGREEMENT. In the event that no charges or expenses are disputed, the invoice
shall be approved and paid according to the terms set forth below. In the event any
charges or expenses are disputed by CITY, the original invoice shall be returned by CITY
to CONSULTANT for correction and resubmission.
Except as to any charges for work performed or expenses incurred by
CONSULTANT which are disputed by CITY, CITY will use its best efforts to cause
CONSULTANT to be paid within thirty (30) days of receipt of CONSULTANT’s
invoice.
Payment to CONSULTANT for work performed pursuant to this AGREEMENT
shall not be deemed to waive any defects in work performed by CONSULTANT.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
CITY may inspect and accept or reject any of CONSULTANT’s work under this
AGREEMENT, either during performance or when completed. CITY shall reject or
finally accept CONSULTANT's work within sixty (60) days after submitted to CITY.
CITY shall reject work by a timely written explanation, otherwise CONSULTANT’s
work shall be deemed to have been accepted. CITY's acceptance shall be conclusive as to
such work except with respect to latent defects, fraud and such gross mistakes as amount
to fraud. Acceptance of any of CONSULTANT's work by CITY shall not constitute a
waiver of any of the provisions of this AGREEMENT including, but not limited to,
SECTIONS 15 and 16, pertaining to indemnification and insurance, respectively.
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files and other documents prepared, developed or
discovered by CONSULTANT in the course of providing any services pursuant to this
AGREEMENT shall become the sole property of CITY and may be used, reused or
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otherwise disposed of by CITY without the permission of the CONSULTANT. Upon
completion, expiration or termination of this AGREEMENT, CONSULTANT shall turn
over to CITY all such original maps, models, designs, drawings, photographs, studies,
surveys, reports, data, notes, computer files, files and other documents.
SECTION 7. CONSULTANT'S BOOKS AND RECORDS.
CONSULTANT shall maintain any and all documents and records demonstrating
or relating to CONSULTANT’s performance of services pursuant to this AGREEMENT.
CONSULTANT shall maintain any and all ledgers, books of account, invoices, vouchers,
canceled checks, or other documents or records evidencing or relating to work, services,
expenditures and disbursements charged to CITY pursuant to this AGREEMENT. Any
and all such documents or records shall be maintained in accordance with generally
accepted accounting principles and shall be sufficiently complete and detailed so as to
permit an accurate evaluation of the services provided by CONSULTANT pursuant to
this AGREEMENT. Any and all such documents or records shall be maintained for three
years from the date of execution of this AGREEMENT and to the extent required by laws
relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to
this section shall be made available for inspection, audit and copying, at any time during
regular business hours, upon written request by CITY or its designated representative.
Copies of such documents or records shall be provided directly to the CITY for
inspection, audit and copying when it is practical to do so; otherwise, unless an
alternative is mutually agreed upon, such documents and records shall be made available
at CONSULTANT’s address indicated for receipt of notices in this AGREEMENT.
(c) Where CITY has reason to believe that any of the documents or records
required to be maintained pursuant to this section may be lost or discarded due to
dissolution or termination of CONSULTANT’s business, CITY may, by written request,
require that custody of such documents or records be given to the requesting party and
that such documents and records be maintained by the requesting party. Access to such
documents and records shall be granted to CITY, as well as to its successors-in-interest
and authorized representatives.
SECTION 8. STATUS OF CONSULTANT.
(a) CONSULTANT is and shall at all times remain a wholly independent
contractor and not an officer, employee or agent of CITY. CONSULTANT shall have no
authority to bind CITY in any manner, nor to incur any obligation, debt or liability of any
kind on behalf of or against CITY, whether by contract or otherwise, unless such
authority is expressly conferred under this AGREEMENT or is otherwise expressly
conferred in writing by CITY.
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(b) The personnel performing the services under this AGREEMENT on
behalf of CONSULTANT shall at all times be under CONSULTANT’s exclusive
direction and control. Neither CITY, nor any elected or appointed boards, officers,
officials, employees or agents of CITY, shall have control over the conduct of
CONSULTANT or any of CONSULTANT’s officers, employees or agents, except as set
forth in this AGREEMENT. CONSULTANT shall not at any time or in any manner
represent that CONSULTANT or any of CONSULTANT's officers, employees or agents
are in any manner officials, officers, employees or agents of CITY.
(c) Neither CONSULTANT, nor any of CONSULTANT's officers,
employees or agents, shall obtain any rights to retirement, health care or any other
benefits which may otherwise accrue to CITY'S employees. CONSULTANT expressly
waives any claim CONSULTANT may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE.
CONSULTANT represents and warrants that it has the qualifications, experience
and facilities necessary to properly perform the services required under this
AGREEMENT in a thorough, competent and professional manner. CONSULTANT shall
at all times faithfully, competently and to the best of its ability, experience and talent,
perform all services described herein. In meeting its obligations under this
AGREEMENT, CONSULTANT shall employ, at a minimum, generally accepted
standards and practices utilized by persons engaged in providing services similar to those
required of CONSULTANT under this AGREEMENT.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS, PERMITS, AND
LICENSES.
CONSULTANT shall keep itself informed of and comply with all applicable
federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect
during the term of this AGREEMENT. CONSULTANT shall obtain any and all licenses,
permits and authorizations necessary to perform the services set forth in this
AGREEMENT. Neither CITY, nor any elected or appointed boards, officers, officials,
employees or agents of CITY, shall be liable, at law or in equity, as a result of any failure
of CONSULTANT to comply with this section.
CONSULTANT shall obtain and maintain in full force and effect during the
term of this AGREEMENT a Business License from the CITY’s Finance Department.
Provide City of Albany Business License number and Expiration Date on Page 11 of this
contract.
4–
Current 2022
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