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Page 1 of 40 1045053-1
Request for Proposals
Telecommunications Services
Date Issued: June 16, 2016
Date Due: July 15, 2016, 5:00 PM
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June 16, 2016
REQUEST FOR PROPOSALS
Telecommunications Services
Dear Vendors:
Livermore Area Recreation & Park District (LARPD) is currently accepting proposals for Telecommunications Services. LARPD, at its discretion, may award the contract to a single vendor for all services, or award portions of the contract to multiple providers.
Proposal instructions are contained in Sections 3-5 of the Request for Proposals (RFP) document. Please provide the requested information in the prescribed written format. Failure to comply with the prescribed format may result in disqualification.
Questions: All questions must be received by June 24, 5:00 PM. Questions received after this deadline will not be accepted. All questions must be in writing. Email questions to Jay Stevens at [email protected]
Proposals Due: One (1) original, three (3) printed copies, and one (1) electronic copy on CD or memory stick of your proposal must be received at the address below no later than July 15, 2016, 5:00 PM.
Don Humphrey Livermore Area Recreation & Park District
4444 East Avenue Livermore, CA 94550
Thank you for your participation. We look forward to reviewing your proposal.
Sincerely,
Don Humphrey Finance Manager Livermore Area Recreation & Park District
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Table of Contents
1. OBJECTIVES AND PROCESS SCHEDULE ............................................................. 4
2. EVALUATION CRITERIA...................................................................................... 6
3. PROPOSAL INSTRUCTIONS ................................................................................ 7
4. TELECOM SERVICES SPECIFICATIONS ............................................................... 9
5. INSTRUCTIONS TO PROPOSER ....................................................................... 111
6. CARRIER SERVICES ...................................................................................... 122
7. SERVICE AND SUPPORT ................................................................................ 133
8. REFERENCES ................................................................................................ 144
9. PRICING ........................................................................................................ 165
10.DISCLOSURES AND CONTRACTUAL REQUIREMENTS ....................................... 167
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Objectives and Process Schedule
1.1. Purpose
1.1.1. The information below has been developed in a format to facilitate the preparation of responses to this Request for Proposals (RFP) and the subsequent evaluation of those responses.
1.1.2. Because there are several vendors who provide services that LARPD requires, it is LARPD’s desire to meet their future telecommunications needs through this competitive selection process. The requirements noted in this RFP are designed to assist in the selection of the vendor that best meets LARPDs needs.
1.2. Objective
1.2.1. LARPD’s objective is the selection and implementation of carrier services to meet their voice and Internet needs for their locations throughout the District.
1.2.2. The District will be installing PRI or SIP telecommunications services in their main data center locations at RLCC Main Building location at 4444 East Avenue, Livermore, CA and their Trevarno location 3500 Robertson Drive, Livermore, CA.
1.2.3. The District will also be installing 100Mb dedicated WAN connections between 4444 East Avenue, Livermore, CA and their other locations.
1.2.4. This proposal process is designed to allow LARPD to select the most appropriate solution(s) for their needs. LARPD, at its sole discretion, may select a single vendor to provide and support carrier voice and WAN services, however separate providers may be selected, and vendors are encouraged to respond as appropriate to requests for any or all services offered.
1.2.5. This document contains specifications and the requested format for vendor proposals and pricing. If additional features or services are believed to be appropriate for LARPD’s operations, please quote them as options and include supporting justification and cost detail.
1.2.6. LARPD reserves the right to the following:
1.2.6.1. Accept the proposal or proposals that are, in its judgment, the best and most favorable to the interests of the organization
1.2.6.2. To reject the low price proposal
1.2.6.3. To accept any item of any proposal
1.2.6.4. To reject any and all proposals
1.2.6.5. To waive irregularities and informalities in any proposal submitted or in the RFP process
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1.3. General Process and Schedule
1.3.1. LARPD will review and evaluate the submitted proposals and check references to select a preferred vendor. The following is the current estimated schedule, as defined by the LARPD and can be changed at its discretion:
Table 1 - Estimated Selection Schedule
Estimated Selection Process Step Date(s)
Release and Issuance of the Request for Proposals (RFP) June 16, 2016
Final Date for Vendors to Submit Questions June 24, 2016
Date for Publishing Answers to Vendors’ Questions June 28, 2016
Proposals Due July 15, 2016
Estimated Approval August 2016
Selected Service Installation Complete October 1, 2016
1.4. Project Background
1.4.1. LARPD currently has a total of 5 locations. All of these locations are included in the initial system design and installation. The LARPD sites will be connected to the PRI/SIP service by using the 100Mb high-speed provided by the selected vendor.
1.4.2. Today the current telecommunications system uses a combination of various telecommunications lines, services, systems and equipment. The system has evolved over time to address the operational requirements of the District. Today the District locations utilize a combination of PRI, DID, Centrex, Measured business lines and older Avaya telecommunications systems.
1.4.3. It is the intent of the District to replace all of the existing telecommunications equipment and system using a VoIP unified communications system capable of serving all LARPD major sites with consistent high quality services. The selection of this system is complete and is not part of this procurement.
1.4.4. It is the intent of LARPD to upgrade the existing lines and services to enhance operations through the use of PRI/SIP services for Voice and 100Mb WAN Connections.
1.4.4.1. Vendors should propose separate PRI/SIP services for Voice at both locations.
1.4.5. For more information about LARPD, go to http://www.larpd.org
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2. Evaluation Criteria
2.1. All proposals will be evaluated using the following general evaluation criteria:
Table 2 - Evaluation Criteria
Evaluation Criteria
Cost of Service
References and Experience
Service and Support
Upgrade/ migration availability
Implementation Schedule / Availability
Ability to Provide Multiple Services
2.2. The evaluation process will consist of review and evaluation of proposals received by a team consisting of LARPD personnel and consultants.
The following is an outline of the procedures LARPD will use in the selection process:
2.2.1. LARPD organizes the Screening and Selection Committee (Committee).
2.2.2. The Committee reviews the proposals submitted by the prospective vendors.
2.2.3. The Committee selects proposals, which qualify based on the qualifications and previous experience performing similar work.
2.2.4. The Committee will determine and identify the vendors that are qualified to perform the services and will rank the vendors based on their demonstrated competence and professional qualifications deemed necessary for the satisfactory performance of the services required. Vendors with top ranking proposals may be selected for an interview.
2.2.5. The Committee will make selection based on qualifications. Negotiations will be undertaken with the firm ranked most qualified with LARPD’s goal being to secure the services at a cost equivalent to the lowest cost offered to LARPD by an approved & qualified vendor and provides to LARPD the best long range economic value by the qualified vendor.
2.2.6. If a contract cannot be successfully negotiated with the top rated vendor, the negotiations with the designated vendor may be determined in writing and negotiations may be started with the next highest rated vendor. This process will continue until the negotiations are successfully concluded with a firm.
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3. Proposal Instructions
3.1. This section outlines the information that must be included in the proposal. Vendors should review this list to ensure that their proposals include all requested information prior to submission.
3.2. General Proposal Instructions and Due Dates
3.2.1. Questions: All questions should be directed via email only to Jay Stevens at [email protected] by June 24, 2016. Questions received after this deadline will not be accepted.
3.2.2. Answers to submitted questions will be provided via an RFP addendum via email on June 28, 2016 to all vendors that have confirmed their intent to propose.
3.2.3. Proposals Due: One (1) original, three (3) printed copies, and one (1) electronic version (on CD or memory stick) must be received no later than 5:00 PM, July 15, 2016 addressed to:
Don Humphrey Livermore Area Recreation & Park District
4444 East Avenue Livermore, CA 94550
3.2.4. Proposals must be sealed and clearly Marked “Proposal – Telecommunications Services” on the envelope.
3.2.5. Requests for extension of the submission date will not be granted unless deemed in the best interests of LARPD. Vendors submitting proposals should allow for normal mail or delivery time to ensure timely receipt of their proposal.
3.3. Proposal Format
3.3.1. Proposals should follow the format provided in 5.2. Format of Response.
3.3.2. Please include a Table of Contents at the beginning of the proposal clearly outlining the contents of each section.
3.3.3. Please provide the following sections, as a minimum:
1. Understanding of Project Objectives 2. Response to Carrier Services Specifications 3. Disclosures and Contractual Requirements 4. Appendices
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3.3.4. All proposals must be signed by a duly authorized official representing the vendor.
3.3.5. Only written communication from LARPD may be considered binding. LARPD reserves the right to terminate the selection process at any time and to reject any or all proposals. The contract will be awarded to the vendor whose overall proposal best meets the requirements of LARPD.
3.3.6. LARPD shall not be liable for any pre-contract costs incurred by interested vendors participating in the selection process.
3.3.7. The contents of each vendor's proposal to LARPD shall remain valid for a minimum of 150 calendar days from the proposal due date.
3.3.8. Vendors should provide copies of all sample contracts for proposed services and support.
3.3.9. LARPD will require the vendor selected to agree to include the contents of this RFP and all written representations, warranties, and commitments in the proposal and related correspondences as contractual obligations when developing final written contracts for services.
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4. Telecom Services Specifications
4.1. Telecommunications Services RFP Specifications and Proposal Requirements
4.1.1. This section of the RFP contains the specifications and details regarding LARPD’s Telecommunications Services requirements.
4.2. General Instructions
4.3. Written proposals are required by LARPD for a telecommunications solution as described in the sections below.
4.3.1. The proposal is estimated to be awarded in August 2016.
4.3.2. The proposal will be awarded-based on the overall proposal and in the best interests of LARPD. Prices should be shown for each line item. LARPD reserves the right to accept the proposal or proposals that are, in its judgment, the best and most favorable to the interests of LARPD, to reject the low price proposal, to accept any item of any proposal, to reject any and all proposals, and to waive irregularities and informalities in any proposal submitted or in the RFP process.
4.3.3. Proposals are to be made in good faith, without fraud, collusion, or connection of any kind with any other contractor for the same work. If the use of subcontractors is approved, they shall assume all rights and obligations toward the contractor that the contractor assumes toward the Owner.
4.3.4. The proposal shall constitute a binding offer to provide the above-noted product(s) to LARPD and may not be withdrawn once LARPD has awarded the contract to the successful vendor.
4.3.5. LARP must comply with the California Freedom of Information Act (“FOIA”). LARPD cannot represent or guarantee that any information submitted in response to the RFP will be confidential. If LARPD receives a request for any document submitted in response to the RFP, LARPD’s sole responsibility will be to notify respondent of a request for such document to allow the respondent to seek protection from disclosure in a court of competent jurisdiction. No documentation will be provided under FOIA until the contract has been awarded.
4.3.6. The vendor should clearly state which services and/or solutions they are proposing.
4.3.7. PRI Services Functional Requirements
4.3.7.1. Alternate Inbound Routing
4.3.7.2. Local and Long Distance Calling
4.3.7.3. Direct Inward Dial
4.3.7.4. DID Fail over from PRI Line at RLCC to PRI line at Trevarno.
4.3.7.4.1. Meaning, in the event of a PRI failure at RLCC, all DID telephone numbers are automatically routed to the PRI connection at Trevarno.
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4.3.7.4.2. Meaning, in the event of PRI failure at Trevarno, all DID telephone numbers are automatically routed to the PRI connection at RLCC.
4.3.7.5. SIP Services Option
4.3.7.6. The proposed SIP services should be configured with G.711 Compression.
4.3.7.7. Each SIP Connection shall be configured with 50 Simultaneous Calls
4.3.7.8. The selected VoIP telephone system will be installed with 2 cores located at RLCC and another at Trevarno. The system will be configured to route calling traffic using both PRI/SIP connections.
4.3.8. 100Mb WAN Connections
4.3.8.1. WAN Connections – LARPD requires provision of high bandwidth, highly reliable Point to Point 100Mb WAN Connections.
4.3.8.2. A Service Level Agreement (SLA) for network availability of at least 99.99%.
4.3.8.3. Provide a discussion of the implementation and testing process, including the latest possible agreement date from which the provider will guarantee service availability.
Trevarno (MDF) (1) 2920-48G-POE+
RLCC MAIN (MPOE) (3) 2920-48G-POE+ (stacked) RLCC MAIN (IDF) (3) 2920-48G-POE+stacked) RLCC REC (MDF) (2) 2920-48G-POE+ (stacked)
MSC (MDF (1) 2920-24G-POE+
Rangers (MDF) (1) 2920-24G-POE+
100mb
Internet
100mb
100mb
10mb
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5. Instructions to Proposer
5.1. General
5.1.1. LARPD is seeking a highly reliable telecommunications solution that will provide LARPD with superior service at a reasonable cost.
5.2. Format of Response
5.2.1. The proposal should follow the outline of the RFP document. Each information item requested should have an appropriate response such as “Read and understood” or the pertinent information requested.
5.2.2. The proposer should address each point listed in the RFP in a separate document that references the corresponding RFP section/paragraph number. In this way, LARPD will be able to discuss the specific information requested and review the response without a cumbersome matching process.
5.3. Vendor Company Information
5.3.1. Please provide a description of your company background to include the following:
5.3.1.1. How long the company has been in business
5.3.1.2. A brief description of the type and number of employees working for the company – locally and nationwide
5.3.1.3. Length of time in the telecom industry
5.3.1.4. The number of customers that currently use the proposed services
5.3.1.5. The company’s future strategy for the proposed solution
5.3.1.6. Company ownership
5.3.1.7. Evidence of financial strength and long-term viability, including a summary of the company’s most recent annual financial results
5.3.1.8. Number of office locations
5.3.1.9. Address of the nearest location to LAPRD
5.3.1.10. Address of proposer’s local office responding to the RFP
5.3.1.11. Specific company representative assigned to be LARPD’s contact, including name, address, phone, fax, and email
5.4. Subcontractors and/or Partners
5.4.1. List all subcontractors and/or partners required to complete this project along with the portion of the project they will be responsible for.
5.4.1.1. Company name
5.4.1.2. Company address
5.4.1.3. Description of work to be performed or services to be provided.
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6. Carrier Services
6.1. Current Services Overview
6.1.1. LARPD currently uses Primary Rate Interface (PRI), Centrex and business lines for voice calling.
It is the intent of LARPD to discontinue the use of most of these lines and move the calling traffic to a centralized PRI/SIP service using Direct Inward Dialing.
6.2. LARPD has 300 DID numbers.
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7. Service and Support
7.1. End-to-End Service – Please indicate whether the proposer will provide end-to-end, or last-mile connectivity for each service proposed. If another service provider will be delivering this connectivity, please provide the name of the last-mile provider.
7.2. Upgrades and Service Migration
7.2.1. Service Order Charges – What is the current cost for service order charges related to additions, disconnects, or changes in service?
7.2.2. Account Team – Will you assign a dedicated account team to oversee orders, changes, billing, and service issues? Will this account team be responsible for all services provided?
7.2.2.1. Provide account team member names, titles, contact information, and escalation protocol.
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8. References
8.1. Provide at least three references using similar services in the area in the tables provided below, expanding them as necessary to include all relevant information.
8.2. While you are free to provide any references, ideally, LARPD would like to talk with references of similar type and application.
8.3. Be advised, references are a major element of the customer’s selection criteria.
Table 3 - References
Reference 1
Customer Name
Contact Name
Contact Address
Contact Telephone Number
Contact Email
Installation Date of Comparative Services
Description of Comparative Services (please be specific)
Reference 2
Customer Name
Contact Name
Contact Address
Contact Telephone Number
Contact Email
Installation Date of Comparative System
Description of Comparative Services (please be specific)
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Reference 3
Customer Name
Contact Name
Contact Address
Contact Telephone Number
Contact Email
Installation Date of Comparative Services
Description of Comparative Services (please be specific)
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9. Pricing
9.1. Voice Services Pricing
9.1.1. Expand the following table as needed to provide itemized pricing to meet the voice services requirements. Include pricing for one- and three year contract terms.
Table 4 - Voice Services Pricing
1-Year Contract 3-Year Contract
One-Time
Charge Monthly
One-Time
Charge Monthly
SIP Circuit – RLCC – 4444 East Avenue, Livermore, CA (50 Simultaneous calls)(G.711) –
SIP Circuit – Trevarno – 71 Trevarno Ave., Livermore, CA. (50 Simultaneous calls
PRI Circuit – RLCC – 4444 East Avenue, Livermore, CA
PRI Circuit – Trevarno - 71 Trevarno Ave, Livermore, Ca
300 DID Number Port from Centrex and business lines
Cost Per DID Number
Usage
0-8 miles (per minute)
8-15 miles (per minute)
Over 15 miles (per minute)
Intrastate LD (per minute)
Interstate LD (per minute)
International
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Table 6 - Wide Area Network Connections
1-Year Contract 3-Year Contract
One-Time
Charge Monthly
One-Time
Charge Monthly
100Mb Internet Connection – 4444 East Avenue, Livermore, CA
100Mb Internet Connection – 71 Trevarno Rd, Livermore, CA
100 Mb Internet Connection – 3500 Robertson Drive, Livermore, CA
10 Mb Internet Connection – 5035 Arroyo Road, Livermore, CA
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Table 6a – Alternative Wide Area Network Connections
The District would like to implement the 100Mb connections to each site as described above. However, we recognize that achieving that goal at these speeds may be a challenge. If you offer other comparable services in these areas, please expand the following table to provide any construction, installation and Monthly costs for those services. For each service you list, please provide a description of the service and the speeds that can be offered.
Alternative 1-Year Contract 3-Year Contract
Service Offering One-Time
Charge Monthly
One-Time
Charge Monthly
Internet Connection – 4444 East Avenue, Livermore, CA
Internet Connection – 71 Trevarno Rd, Livermore, CA
Internet Connection - 3500 Robertson Drive, Livermore, CA
Internet Connection - 5035 Arroyo Road, Livermore, CA
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10. Disclosures and Contractual Requirements Please note that any exceptions to the following requirements, as well as other sections, should be addressed in a separate section of the Vendor’s Proposal.
10.1. Interpretations, Clarifications and Addenda
10.1.1. No oral interpretations will be made to any vendor as to the meaning of the Proposal Documents. Any inquiry or request for interpretation received by LARPD before 5:00pm on June 24, 2016, will be given consideration. Send all questions to Jay Stevens at [email protected]
10.1.2. LARPD reserves the right to amend this RFP prior to the proposal due date. Addenda or addendum will be published on LARPD’s website at http://www.larpd.org In case any Proposer fails to acknowledge receipt of such addenda or addendum, his/her proposal will nevertheless be construed as though it had been received and acknowledged and the submission of his/her Proposal will constitute acknowledgment of the receipt of same. All addenda are a part of the Proposal Documents and each Proposer will be bound by such addenda, whether or not received by him/her. It is the responsibility of each Proposer to verify that he/she has received all addenda issued before Proposals are opened.
10.2. Rejection of Proposal
10.2.1. Proposals that are not prepared in accordance with these instructions to vendors may be rejected or disqualified. If not rejected, LARPD may require the correction of any deficiency and accept the corrected Proposal.
10.3. Acceptance of Proposals
10.3.1. LARPD reserves the right to accept the Proposal that is, in its judgment, the best and most favorable to the interests of LARPD, to reject the low price Proposal, to accept any item of any Proposal, to reject any and all Proposals, and to waive irregularities and informalities in any Proposal submitted or in the Request for Proposals process.
10.4. Taxes
10.4.1. The prices quoted herein shall agree with all California and Federal Tax Laws and regulations.
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10.5. Compliance with Applicable Laws
10.5.1. Vendor agrees to comply with all applicable laws, regulations, and rules promulgated by any Federal, State, County, Municipal and/or other governmental unit or regulatory body now in effect or which may be in effect during the performance of the services. Included within the scope of the laws, regulations, and rules referred to in this paragraph, but in no way to operate as a limitation, are all forms of public utility and Interstate and Interstate Commerce Commission regulations.
10.6. Indemnification
10.6.1. Vendor will agree to defend, indemnify, and save harmless LARPD, its boards, commissions, officers, employees and agents, from and against any and all claims, suits, actions liability, loss, damage, expense, cost (including, without limitation, costs and fees of litigation) of every nature, kind or description, which may be brought against, or suffered or sustained by, LARPD, its boards, commissions, officers, employees or agents caused by, or alleged to have been caused by, the negligence, intentional tortuous act or omission, or willful misconduct of Vendor, its officers, employees or agents in the performance of any services or work pursuant to this Agreement.
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SERVICE AGREEMENT
BETWEEN
LIVERMORE AREA RECREATION AND PARK DISTRICT
AND
SERVICE PROVIDER (NAME)
(TITLE OF PROJECT)
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SERVICE AGREEMENT
BETWEEN
LIVERMORE AREA RECREATION AND PARK DISTRICT
AND
SERVICE PROVIDER (NAME)
This SERVICE AGREEMENT (hereinafter “Agreement”), effective as of _____________, and
is made and entered into by and between LIVERMORE AREA RECREATION AND PARK
DISTRICT, a California independent Special District (hereinafter “LARPD” or “District”) and
_____________________________ (hereinafter “Provider”);
1. Witnesseth
WHEREAS, LARPD has determined that it is necessary and desirable to secure certain
technical and professional services to PROJECT DESCRIPTION; and
WHEREAS, Provider represents it is qualified and willing to provide such services
pursuant to the terms and conditions of this Agreement;
NOW, THEREFORE: The parties hereto do mutually agree as follows:
This Agreement is fully comprised of these terms and the attached exhibits which are
incorporated herein by reference. The exhibits attached to this Agreement are:
Exhibit A - Work Plan
Exhibit B - Project Team
Exhibit C - Project Schedule and Deliverables
Exhibit D - Compensation
2. Statement of Work
Subject to the terms and conditions set forth in this Agreement, Provider shall provide to LARPD
the services described in Exhibit “A,” in accordance with the provisions contained in Exhibit
“A,” and according to the schedule and budget identified in Exhibits “C” and “D.” Provider
shall not be compensated for services outside the scope of Exhibit “A” unless otherwise agreed
upon pursuant to Section 6 of this Agreement.
3. Project Managers
During the performance of this Agreement, the representative project managers for LARPD and
Provider will be:
LARPD: LARPD PROJECT MANAGER NAME
Provider: PROVIDER PROJECT MANAGER NAME
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4. Term
Time is of the essence in this Agreement. The term of this Agreement is START DATE through
END DATE, unless an extension of time is granted in writing by LARPD. The various phases
involved in this project shall be completed as indicated in Exhibit "C" Project Schedule and
Deliverables.
5. Assignability
Provider shall not assign any interest in this Agreement, and shall not transfer the same, without
the prior written consent of LARPD.
6. Modification of Agreement
No alteration, modification, or deviation of the terms of this Agreement shall be valid unless
made in writing and signed by both parties. No oral understanding or agreement not
incorporated herein, shall be binding on any of the parties. LARPD may request, at any time,
amendments to this Agreement and will notify Provider in writing regarding changes. Upon a
minimum of ten (10) days notice, Provider shall determine the impact on both time and
compensation of such changes and notify LARPD in writing. Upon agreement between LARPD
and Provider as to the extent of these impacts on time and compensation, an amendment to this
Agreement shall be prepared describing such changes. Such amendments shall be binding on the
parties if signed by LARPD and Provider, and shall be effective as of the date of the amending
document unless otherwise indicated.
7. Costs and Reimbursements
A. Maximum Agreement Amount/Budget Amendments
The total sum billed under this Agreement shall not exceed _______ ($xxx,xxx), including all
costs, overhead, and fixed fee expenses. Such billings, up to the specified amount, shall
constitute full and complete compensation for Provider's services. LARPD shall pay Provider
for services rendered pursuant to this Agreement in accordance with the provisions contained in
Exhibit “D.” The payments specified in Exhibit “D” shall be the only payments to be made to
Provider for the services rendered pursuant to this Agreement unless otherwise agreed pursuant
to Section 6.
B. Progress Payments
Provider shall invoice LARPD at the end of the month for services performed during the
previous month. Provider shall be paid following the receipt and approval of each invoice by
LARPD. Progress payment invoices shall be numbered sequentially and identify the total
Agreement amount, amount previously invoiced, current invoice, and remaining available
amounts.
C. Billing Format and Content
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Requisitions for payment shall refer to PROJECT TITLE, or as may be specified in a written
notice by LARPD. All billings shall be in the same format as Exhibit “D.” Specific budget
category detail is given below:
1. Hourly Labor Rates: This project will be billed on a time and materials basis using
fixed billing rates, up to the Agreement maximum. All labor charges shall be billed on an
hourly rate basis by class of employee, rate per hour, and number of hours. (Anticipated
personnel cost-of-living or merit increases, if any, should be reflected in the budget).
2. Subprovider/Subcontractor Charges: All subprovider/subcontractor or billings (as
applicable) shall identify the name of the subprovider/subcontractor or, the amount of
work performed (as categorized in the budget), the reimbursement rate, the total amount
billed, and the date and amount paid by Provider.
3. Overhead: All overhead shall be included in the fixed billing rate.
4. Direct Costs: All direct costs billed shall be specifically identified. Any travel costs
shall not exceed the per diem and mileage rates payable to LARPD employees. Any
direct costs not specifically identified in the Agreement budget cannot be reimbursed.
5. Fixed Fee: A fixed fee on labor shall be included in fixed billing rate.
D. Allowable Costs and Documentation
All costs charged to this Agreement by Provider shall be supported by properly executed
payrolls, time records, invoices, and vouchers, evidencing in proper detail the nature and
propriety of the charges.
E. Final Billing
Final billing shall be received by LARPD no later than 60 days after the end date of this
Agreement. An extension of time may be granted by LARPD upon receiving a written request
30 days in advance of that said time limitation. This Agreement will be closed no later than 90
days following the end date of this Agreement. LARPD shall have no obligation or liability to
pay any invoice for work performed which the Provider fails or neglects to submit within 60
days, or any extension thereof granted by LARPD, after the work is accepted by LARPD.
8. Progress Reports
Provider shall submit written progress reports with each invoice and shall specify, by task, the
percentage of work completed to date and since the date of the preceding invoice, if any. The
progress reports shall describe the status of work performed as identified in Exhibit “A.” The
purpose of the reports is to allow LARPD to determine if Provider is completing the activities
identified in Exhibit “A” in accordance with the agreed upon schedule, and to afford occasions
for airing difficulties or special problems encountered so remedies can be developed. Provider's
Project Manager shall meet with LARPD’s Project Manager, as identified under Section 3, as
needed to discuss work progress.
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9. Inspection of Work
Provider, and any subcontractors, shall permit LARPD the opportunity to review and inspect the
project activities at all reasonable times during the performance period of this Agreement
including review and inspection on a daily basis.
10. Staffing
There shall be no change in Provider's Project Manager, or members of the project team, without
prior written approval by LARPD. The Project Manager shall be responsible for keeping
LARPD informed of the progress of the work and shall be available for meetings with the
LARPD Board, and its formal committees.
11. Subcontracting
Provider shall perform the work with resources available within its own organization, unless
otherwise specified in this Agreement. No portion of the work included in this Agreement shall
be subcontracted except as identified in Exhibit “B” of this Agreement, or with written
authorization by LARPD. All authorized subcontracts shall contain the same applicable
provisions specified in this Agreement.
12. Termination of Agreement
A. Termination by LARPD
LARPD may terminate or suspend this Agreement at any time by giving written notice to
Provider of such termination, and the effective termination date, at least thirty (30) days before
the effective date of such termination. In such event, all finished or unfinished documents and
other materials pertaining to this Agreement shall become the property of LARPD. If this
Agreement is terminated by LARPD, as provided herein, Provider shall be reimbursed for
billings incurred prior to the termination date, in accordance with the cost provisions of this
Agreement.
B. Termination for Cause
If Provider shall fail to fulfill in a timely and proper manner its obligations under this
Agreement, or if Provider violates any of the covenants, provisions, or stipulations of this
Agreement, LARPD shall thereupon have the right to terminate the Agreement by giving not less
than ten (10) days written notice to Provider of the intent to terminate and specifying the
effective date thereof. LARPD shall provide an opportunity for consultation with Provider prior
to termination. In such an event, all finished documents, data, studies, surveys, drawings, maps,
models, photographs, reports or other materials prepared by Provider under this Agreement shall
become properties of LARPD. If LARPD terminates this Agreement, Provider shall
immediately suspend its activities under this Agreement, as specified in such notice. Provider
shall promptly deliver to LARPD copies of all information prepared pursuant to this Agreement.
Provider shall be entitled to receive compensation for all satisfactory work completed prior to the
effective date of termination.
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13. Prevailing Wage and Compliance with Laws, Rules and Regulations
A. Compliance with All Applicable Laws
All services performed by Provider pursuant to this Agreement shall be performed in accordance
and full compliance with all applicable federal, state, or local statutes, rules, and regulations.
This includes compliance with prevailing wage rates and their payment in accordance with
California Labor Code section 1770 et seq.
B. Pay Prevailing Wage
Pursuant to section 1770 et seq. of the California Labor Code, Provider and any subcontractor
shall pay not less than the prevailing wage. A determination of the general prevailing rates of
per diem wages and holiday and overtime work where the work is to be performed is available
for review upon request at the LARPD offices. The General Prevailing Wage Determinations
and the General Prevailing Wage Apprentice Schedules made by the Director of Industrial
Relations are also now available on the Internet at www.dir.ca.gov. Provider shall post one copy
of the prevailing rates of wages at the job site. Provider shall forfeit as penalty to LARPD the
sum of up to two hundred dollars ($200.00) for each calendar day or portion thereof, and for
each worker, including subcontractors’ workers, paid less than the prevailing rates under the
Agreement. In addition, the difference between such prevailing wage rates and the amount paid
to each worker for each calendar day or portion thereof for which each worker was paid less than
the prevailing wage rate shall be paid to each worker by the Provider as provided in section 1775
of the California Labor Code.
C. Work Day
Eight (8) hours labor constitutes a legal day’s work. Workers shall be paid at a rate of one and
one-half times the basic rate of pay for work in excess of eight (8) hours during a calendar day or
forty hours during a calendar week of the foregoing hours. Provider shall keep and make
available an accurate record showing the name of each worker and hours worked each day and
each week by each worker. As a penalty, Provider shall forfeit two hundred dollars ($200.00)
for each worker, including subcontractors’ workers, for each calendar day during which the
worker is required or permitted to work more than eight (8) hours in any one calendar day and
forty (40) hours in any one calendar week without being paid the wages required by Labor Code
Section 1815.
D. Income Tax Forms
Provider shall issue W-2 forms or the forms as required by law for income and employment tax
purposes for all of Provider’s assigned personnel.
E. Payroll Record Keeping
Provider shall also comply with the payroll record keeping requirements of Section 1776 of the
California Labor Code and shall be responsible for each subcontractor complying with the
requirements of the California Labor Code sections 1770 et seq.
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F. City Business License
Prior to the LARPD’s execution of this Agreement and prior to the Provider engaging in any
operation or activity set forth in this Agreement, Provider shall obtain a City of Livermore
business license. Provider shall keep the business license in full force and effect during the term
of this Agreement.
14. Standard of Performance
Provider shall perform all services required pursuant to this Agreement in the manner according
to the standards currently observed by a competent practitioner of Provider’s profession in
California. All products of whatsoever nature which Provider delivers to LARPD pursuant to
this Agreement shall be prepared in a professional manner and conform to the standards to
quality normally observed by a person currently practicing in Provider’s profession. Provider
shall assign only competent personnel to perform.
15. Confidential Information
Provider acknowledges and agrees that, in the performance of the services under this Agreement
or in the contemplation thereof, Provider may have access to private or confidential information
which may be owned or controlled by LARPD and that such information may contain
proprietary or confidential details, the disclosure of which to third parties may be damaging to
LARPD. Provider agrees that all information disclosed by LARPD to or discovered by Provider
shall be held in strict confidence and used only in performance of the Agreement. Provider shall
exercise the same standard of care to protect such information as a reasonably prudent Provider
would use to protect its own proprietary data, and shall not accept employment adverse to
LARPD’s interests where such confidential information could be used adversely to LARPD’s
interest. Provider agrees to notify LARPD immediately in writing if it is requested to disclose
any information made known to or discovered by the Provider during the performance or in
connection with this Agreement. The provisions of this Section shall remain fully effective
indefinitely after the term of this Agreement.
16. Conflict of Interest
A. Independent Capacity
Provider and the agents and employees of Provider, shall act in an independent capacity in the
performance of this Agreement, and not as officers, employees, or agents of LARPD. No
officer, member, or employee of LARPD who exercises any functions or responsibilities in the
review or approval of the work provided pursuant to this Agreement shall:
1. Participate in any decision relating to this Agreement which affects his or
her personal interest or the interest of any corporation, partnership, or
association in which he has, directly or indirectly, any interest; or
2. Have any interest, direct or indirect, in this Agreement or the proceeds
thereof during his or her tenure or for one year thereafter.
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B. Covenant of No Interest
Provider hereby covenants that it has, at the time of the execution of this Agreement, no interest,
and that it shall not knowingly acquire any interest in the future, direct or indirect, which would
conflict in any manner or degree with the performance of services required to be performed
pursuant to this Agreement. Provider further covenants that in the performance of this work, no
person having any such interest shall be employed.
C. Statement of Economic Interest
Provider hereby agrees that upon the request of LARPD, Provider shall complete a Statement of
Economic Interest, also known as a Form 700, as identified in the California Fair Political
Practices Act.
17. Contingency Fees
Provider warrants, by execution of this Agreement, that no person or selling agency has been
employed or retained to solicit or secure this Agreement upon an agreement or understanding for
a commission, percentage, brokerage, or contingency fee, excepting bona fide employees or bona
fide established commercial or selling agencies maintained by Provider for the purpose of
securing business. For breach or violation of this warranty, LARPD has the right to terminate
this Agreement without liability allowing payment only for the value of the work actually
performed, or to deduct from the Agreement price, or otherwise recover, the full amount of such
commission, percentage, brokerage, or contingency fee.
18. Documentation
The Provider shall document the results of all work to the satisfaction of LARPD. This may
include, but not be limited to, preparation of progress and final reports, calculations, plans,
specifications, estimates, evaluations, and other records.
19. Ownership of Documents
Aerial photos, topographic mapping, tracings, plans, specifications, as-built plans, electronic
files, technical data, evaluations, and all other documents prepared, assembled, or obtained by
the Provider under this Agreement shall be made available, at any time, upon request to LARPD
without restriction or limitation on their use and shall be delivered to and become properties of
LARPD upon completion of the work pursuant to this Agreement.
20. Copyrights
The Provider shall not have copyrights of reports or products of this Agreement.
21. Publication
A. Written Approval of LARPD
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No report, information, or other data given to or prepared or assembled by Provider pursuant to
this Agreement, shall be made available to any individual or organization by Provider without
the prior written approval of LARPD.
B. Acknowledge LARPD
Any and all reports published by Provider shall acknowledge that it was prepared in cooperation
with LARPD. Articles, reports, or works reporting on the work provided for herein or on
portions thereof which are published by Provider shall contain in the forward, preface, or
footnote the following statement:
“The contents of this report reflect the views of the author who is responsible for
the facts and the accuracy of the data presented herein. The contents do not
necessarily reflect the official views or policies of Livermore Area Recreation and
Park District. This report does not constitute a standard, specification, or
regulation.”
22. Disputes
Except as otherwise provided in this Agreement, any dispute concerning a question of fact which
is not disposed of by mutual agreement shall be decided by a court of competent jurisdiction.
23. Hold Harmless
Provider agrees to indemnify, defend (upon request of LARPD) and hold harmless LARPD, its
officers, agents, and employees from any and all actions, causes of action, claims, demands,
costs, liabilities, judgments, penalties, losses, damages, and expenses of whatsoever kind and
nature (including attorney's fees) for injuries to or death of any person or persons, or damage to
property of third persons arising out of, pertaining to, or relating to the negligent acts, errors or
omissions, recklessness, or willful misconduct of the Provider, its subcontractors, subproviders,
or agents, and their respective employees in the performance of the work to be provided pursuant
to this Agreement.
24. Insurance
On or before beginning any of the services or work called for by any term of this Agreement,
Provider, at its own cost and expense, shall procure, carry, maintain for the duration of the
Agreement, and provide proof thereof that is acceptable to LARPD the insurance specified in
subsections A through C below with insurers and under forms of insurance satisfactory in all
respects to the LARPD. Provider shall not allow any subcontractor to commence work on any
subcontract until all insurance required of the Provider has also been obtained for the
subcontractor. Verification of this insurance shall be submitted and made part of this Agreement
prior to execution.
A. Workers’ Compensation
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Provider shall, at Provider’s sole cost and expense, procure and maintain Statutory Workers'
Compensation Insurance and Employer's Liability Insurance for any and all persons employed
directly or indirectly by Provider. Said Statutory Workers' Compensation Insurance and
Employer’s Liability Insurance shall be provided with limits of not less than the amount required
by law. In the alternative, Provider may rely on a self-insurance program to meet these
requirements provided that the program of self-insurance complies fully with the provisions of
the California Labor Code. The insurer, if insurance is provided, or the Provider, if a program of
self-insurance is provided, shall waive all rights of subrogation against LARPD for loss arising
from work performed under this Agreement. In signing this AGREEMENT, the Provider
certifies under section 1861 of the California Labor Code that Provider is aware of the Workers
Compensation provisions contained in sections 3700 et seq. of the Labor Code.
B. Commercial General and Automobile Liability Insurance
Provider, at Provider’s own cost and expense, shall procure and maintain commercial general
and automobile liability insurance for the period covered by this Agreement in an amount not
less than One Million Dollars ($1,000,000) per occurrence, combined single limit coverage for
risks associated with the work contemplated by this Agreement. If a Commercial General
Liability Insurance or an Automobile Liability form or other form with a general aggregate limit
is used, either the general aggregate limit shall apply separately to the work to be performed
under this Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection against
claims arising from bodily and personal injury, including death resulting therefrom, and damage
to property resulting from activities contemplated under this Agreement, including the use of
owned and non-owned automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability
occurrence form CG 0001 (ed. 10/01) and Insurance Services Office Automobile Liability form
CA 0001 (ed. 12/93) Code 1 (any auto). Each of the following shall be included in the insurance
coverage or added as an endorsement to the policy:
1. LARPD, its officers, employees, agents, and volunteers are to be covered
as an additional insured with respect to each of the following: liability arising
out of activities performed by or on behalf of Provider, including the insider’s
general supervision of Provider; products and completed operations of
Provider; premises owned, occupied, or used by Provider. The coverage shall
contain no special limitations on the scope of protection afforded to LARPD,
its officers, employees, agents, or volunteers.
2. The insurance shall cover on an occurrence or an accident basis, and not
on a claim made basis.
3. An endorsement must state that coverage is primary insurance and that no
other insurance affected by LARPD shall be called upon to contribute to a loss
under the coverage.
4. Any failure of Provider to comply with reporting provisions of the policy
shall not affect coverage provided to LARPD and its officers, employees,
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agents, and volunteers.
5. Insurance is to be placed with California-admitted insurers with a Best’s
rating of no less than A: VII.
6. Notice of cancellation or non-renewal must be received by LARPD at
least thirty days prior to such change.
C. Professional Liability Insurance
Provider, at Provider’s own cost and expense, shall procure and maintain for the period covered
by this Agreement professional liability insurance for licensed professionals performing work
pursuant to this Agreement in an amount not less than One Million Dollars ($1,000,000) per
claim made and per policy aggregate covering the licensed professionals’ errors and omissions,
as follows:
1. Any deductible or self-insured retention shall not exceed $150,000 per claim.
2. Notice of cancellation, material change, or non-renewal must be received by LARPD
at least thirty days prior to such change and shall be included in the coverage or added as
an endorsement to the policy.
3. The policy must contain a cross liability or severability of interest clause.
4. The following provisions shall apply if the professional liability coverage’s are
written on a claims made form:
a) The retroactive date of the policy must be shown and must be before the date
of the Agreement.
b) Insurance must be maintained and evidence of insurance must be provided for
at least five years after completion of the Agreement or the work, so long as
commercially available at reasonable rates.
c) If coverage is canceled or not renewed and it is not replaced with other claims
made policy form with a retroactive date that precedes the date of this Agreement,
Provider must provide extended reporting coverage for a minimum of five years
after completion of the Agreement or the work. LARPD shall have the right to
exercise at the Provider’s cost, any extended reporting provisions of the policy
should the Provider cancel or not renew the coverage.
d) A copy of the claim reporting requirements must be submitted to LARPD prior
to the commencement of any work under this Agreement.
D. Deductibles and Self-Insured Retentions
Provider shall disclose the self-insured retentions and deductibles before beginning any of the
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services or work called for by any term of this Agreement. During the period covered by this
Agreement, upon express written authorization of LARPD’s Project Manager, Provider may
increase such deductibles or self-insured retentions with respect to LARPD, its officers,
employees, agents, and volunteers. LARPD may condition approval of an increase in deductible
or self-insured retention levels upon a requirement that Provider procure a bond guaranteeing
payment of losses and related investigations, claim administration, and defense expenses that is
satisfactory in all respects to each of them.
E. Notice of Reduction in Coverage
In the event that any coverage required under subsections A, B, or C of this section of the
Agreement is reduced, limited, or materially affected in any other manner, Provider shall provide
written notice to LARPD at Provider’s earliest possible opportunity and in no case later than five
days after Provider is notified of the change in coverage.
F. Additional and Alternative Remedies
In addition to any other remedies LARPD may have if Provider fails to provide or maintain any
insurance policies or policy endorsements to the extent and within the time herein required,
LARPD may, at its sole option:
1. Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under the Agreement;
2. Order Provider to stop work under this Agreement or withhold any
payment which becomes due to Provider hereunder, or both stop work and
withhold any payment, until Provider demonstrates compliance with the
requirements hereof;
3. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies LARPD may
have and is not the exclusive remedy for Provider‘s breach.
25. Equal Employment Opportunity/Nondiscrimination
During the performance of this Agreement, Provider, for itself, its assignees and successors in
interest, agrees as follows:
A. Compliance with Laws and Regulations
Provider shall comply with all applicable Federal, State, and Municipal laws, rules, and
ordinances in effect at the time of this agreement. Provider shall comply with provisions of
LARPD Affirmative Action Contract Compliance Program (“Program”), which is herein
incorporated by reference and made a part of this Agreement.
B. Nondiscrimination
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Provider, with regard to the work performed by it during the Agreement, shall not discriminate
on the grounds of race, religion, color, sex, age or national origin in the selection or retention of
subcontractors, including procurements of materials and leases of equipment, or in the
employment of persons in providing work pursuant to this Agreement.
C. Solicitations for Subcontractors, including Procurements of Materials and Equipment
On all solicitations, either by competitive bidding or negotiations made by Provider for work to
be performed under a subcontractors, including procurements of materials or leases of
equipment, each potential subcontractor or supplier shall be notified by Provider of Provider's
obligations under this Agreement, and the Program requirements relative to nondiscrimination on
the grounds of race, religion, color, sex, age or national origin.
D. Information and Reports
Provider shall permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined by LARPD to be pertinent to ascertain compliance with
regulations and the Program. Where any information required of Provider is in the exclusive
possession of another who fails or refuses to furnish this information, Provider shall so certify to
LARPD, as appropriate, and shall set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance
In the event of Provider's noncompliance with the nondiscrimination provisions of this
Agreement, LARPD shall impose such sanctions as it may determine to be appropriate,
including, but not limited to:
1. Withholding of payments to Provider under this Agreement until Provider
complies; and/or
2. Cancellation, termination or suspension of the Agreement, in whole or in
part.
F. Incorporation of Provisions
Provider shall include the provisions of subsections A through F of this section in every
subcontract, including procurements of materials and leases of equipment. Provider shall take
such action with respect to any subcontract or procurement as LARPD may direct as a means of
enforcing such provisions including sanctions for noncompliance. However, in the event
Provider becomes involved in, or is threatened with, litigation with a subcontractor or supplier as
a result of such direction, Provider may request LARPD to enter into such litigation to protect
the interests of LARPD.
26. Audits
At any time during normal business hours, and as often as LARPD may deem necessary,
Provider shall make available for examination all of its records with respect to all matters
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covered by this Agreement for purposes of audit, examination, or to make copies or transcripts of
such records, including, but not limited to, agreements, invoices, material, payrolls, personnel
records, conditions of employment, and other data relating to all matters covered by this
Agreement. Such records shall be retained and access to the facilities and premises of Provider
shall be made available during the period of performance of this Agreement, and for three years
after LARPD makes final payment under this Agreement.
27. Attorney’s Fees
In the event of a dispute arising under this Agreement, the prevailing party shall be entitled to an
award against the other party of reasonable attorney’s fees and costs incurred in connection with
the dispute. The venue for any litigation shall be Alameda County, California.
28. Notice
Any notice or notices required or permitted to be given pursuant to this Agreement may be
personally served on the other party by the party giving such notice, or may be served by
certified mail, return receipt requested, to the following address:
For LARPD:
Timothy J. Barry
General Manager
LARPD
4444 East Ave.
Livermore, California 94550
Copy to:
Rod A. Attebery
Attorney
NEUMILLER & BEARDSLEE
PO Box 20
Stockton, CA 95201-3020
For Provider:
PROVIDER NAME AND ADDRESS
29. Captions and Pronouns
The captions appearing at the commencement of the sections hereof, and in any paragraph
thereof, are descriptive only and for convenience in reference to this Agreement. Should there
be any conflict between such heading, and the section or paragraph thereof at the head of which
it appears, the section or paragraph thereof, as the case may be, and not such heading, shall
control and govern in the construction of this Agreement. Masculine or feminine pronouns shall
be substituted for the neuter form and vice versa, and the plural shall be substituted for the
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singular form and vice versa, in any place or places herein in which the context requires such
substitution(s).
30. Cumulative Remedies
Each right, power, and remedy provided for herein or now or hereafter existing at law, in equity,
by statute, or otherwise shall be cumulative and shall be in addition to every other right, power,
or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or
otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise
by any party of any one or more of such rights, powers or remedies shall not preclude the
simultaneous or later exercise by such party of any of all of such other rights, powers, or
remedies.
31. Waiver
In the event that LARPD or Provider shall at any time waive any breach of this Agreement by
the other, such waiver shall not constitute a waiver of any other or succeeding breach of this
Agreement, whether of the same or of any other covenant, condition, or obligation.
32. Enforceability
If any term or provision of this Agreement or the application thereof to any person or
circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall
be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and
in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the
application of such term or provision to persons or circumstances other than those as to which it
is held invalid or unenforceable, shall not be affected thereby, and each term and provision of
this Agreement shall be valid and be enforced to the fullest extent permitted by law.
33. Governing Law
This Agreement shall be governed and construed in accordance with the laws of the State of
California.
IN WITNESS WHEREOF, LARPD and PROVIDER have executed this Agreement as of the
day and year first above written.
________________________________
Timothy J. Barry, General Manager
Livermore Area Recreation and Park District
Approved as to form:
________________________________
Rod A. Attebery, General Counsel
Livermore Area Recreation and Park District
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________________________________
PROVIDER NAME AND TITLE
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Exhibit A
Work Plan
WORK PLAN PROVIDED BY PROVIDER
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Exhibit B
Project Team
PROVIDER LISTS KEY TEAM MEMBERS AND THEIR POSITIONS
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Exhibit C
Project Schedule and Deliverables
PROVIDER NAME shall work with LARPD to coordinate required work product and reviews.
The estimated milestone completion schedule, assuming a start date on START DATE, would be
as follows:
MILESTONE Completion Date
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Exhibit D
Compensation
The compensation for the scope of services shall not exceed the amount specified in Section 7 of
the Agreement ($XXX,XXX).
Provider shall invoice LARPD every four weeks for services performed during the previous
four-week period. Each invoice shall describe the topics and tasks completed during the invoice
period in accordance with the rate schedule set forth below. The invoice shall list the hours
expended, with hourly charge rates. The invoice shall also show the total to be paid for the
invoice period. Rate schedules for Provider are as follows:
Hourly Rates*
Professional Classifications Per Hour
Title $ xxx.xx
______________________________________________
*Billing rates include direct salary, overhead, fringe benefits, and allowance for profit on labor.
Services and Expenses
PROVIDER LISTS SERVICES AND EXPENSES
Subproviders
All costs from Subproviders shall be included in each invoice.
All charge rates as shown above, shall remain in effect for calendar year XXXX.
LEVEL OF EFFORT
The following chart D-1 summarizes Provider’s level of effort and budget anticipated for the
project, by staff person. This chart is for information only. The Provider shall be allowed to
adjust effort among tasks as needed to complete the work.
ADD SPREADSHEET OF COSTS BY TASKS.
