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City of Berkeley Specification No. 18-11203-C Page 2 of 25

Community Outreach and Engagement Services for the Residential Shared Parking Pilot Release Date 03/19/18

Revised June 2017

I. BACKGROUND

The City of Berkeley (hereinafter referred to as the “City”), a densely populated community with over 116,000

residents, is home to the University of California at Berkeley, Berkeley City College, and many notable restaurants,

businesses, and theaters. Once referred to as a “City of Homes,” Berkeley boasts a variety of vibrant, walkable, and

attractive residential neighborhoods.

Within the City’s commercial districts, parking meters are used to manage vehicular access to civic, retail, and

entertainment activities. Within residential neighborhoods to the north, west, and south of the University of

California campus, a Residential Preferential Parking (hereinafter referred to as “RPP”) permit program is used to

protect on-street parking for residents, limiting non-permit holders to a two (2) hour time limit.

The City’s goBerkeley parking management program (“goBerkeley”) began in 2013 as a grant-funded pilot to

reduce traffic congestion and improve air quality, public safety, and overall quality of life. The goBerkeley pilot

took two (2) mutually-supportive approaches. First, the introduction of data-driven, demand-responsive parking

pricing at on-street metered parking and City-owned off-street facilities in the Downtown Berkeley,

Southside/Telegraph, and the Elmwood neighborhoods; and second, implementing a comprehensive Transportation

Demand Management (TDM) program offering incentives for businesses and employees within the pilot districts to

travel using options other than driving alone. The TDM program offered 1,000 free one (1) year AC Transit bus

passes and discounted car sharing memberships, and while it increased transit use among some participants, the

program was difficult to manage and did not continue after its one (1) year trial. The demand-responsive parking

program, by contrast, was a success; and demonstrated that data-driven parking management could succeed in a

mid-size city. As a result, goBerkeley became a permanent program in 2015. Using similar parking management

principles, the Residential Shared Parking Pilot (hereinafter referred to as the “Pilot” or “RSPP”), aims to better

manage the public parking supply within RPP areas to achieve a host of community goals.

A. General Description

The City of Berkeley Public Works Parking Services Group intends to enter into a contract with one (1) or more

qualified firms or individuals to provide community outreach and engagement consulting services for the City’s

upcoming Pilot. The successful Consultant will perform as part of a team helping City staff plan and implement the

Pilot.

B. Description of Parking Resources within Pilot Areas

There are a total of fourteen (14) RPP areas in the City, designated “A” through “N.” In these areas, residents may

purchase permits that allow them to park without restrictions. Non-permit holders are limited by two (2) hour time

limits from 8 a.m. to 7 p.m. from Monday to Friday, and in some areas, from Monday to Saturday. At all other

times, such as Sundays, evenings, and City designated holidays, non-permitted vehicles are allowed to park in RPP

areas with no time limits. The RPP Program is administered by the City of Berkeley’s Revenue Collection and

Transportation Divisions and is enforced by the Police Department. The Pilot project will focus on residential

streets in the Southside/Telegraph and Elmwood neighborhoods, in parts of RPP Areas “A,” “B,” “D,” “L,” and “I.”

A map showing the context of the proposed Pilot area is provided as Attachment L.

Paid public parking in the Southside/Telegraph and Elmwood areas, including on-street meters, the Telegraph

Channing Garage, and the Elmwood parking lot, is managed by the goBerkeley program. While not explicitly part

of the Pilot area, paid parking policies (i.e., hourly rates and time limits) in these areas may have an effect on

spillover parking in the surrounding residential areas.

Private residences and other users in the Pilot areas may have off-street parking available, such as driveways and

garages, but the exact amount of this capacity is unknown.



Revised June 2017

C. Project Description

Context

During community outreach for the original goBerkeley pilot, frustrations with the existing RPP system were

voiced frequently to City staff. Concerns expressed depended on the perspective of each community member.

These concerns are summarized below:

Residents are frustrated with the lack of parking and increased congestion due to the perceived presence of

non-resident parkers who do the “2-hour shuffle;”

Employees are frustrated that parking is perceived to be available in the residential areas but only available

to them if they can move their cars every two (2) hours;

Merchants are concerned about distracted employees and lost productivity by those who leave work every

two (2) hours to move their cars; and

City staff are concerned about excessive congestion, due to cars circling neighborhoods every two (2) hours

in search of parking, and unwanted emissions, due to vehicle cold starts and increased vehicle miles

traveled.

Pilot Program Goals and Tools

The Residential Shared Parking Pilot will follow this approach to achieve the following goals in Pilot residential

neighborhoods:

Improve parking availability in RPP Pilot areas;

Minimize congestion by ensuring parking availability;

Reduce greenhouse gas emissions due to the “two-hour shuffle;”

Improve customer service and technology related to the City’s parking program;

Provide more travel choices to residents, workers, and visitors; and

Develop an approach to reform and/or expand the larger RPP Program as a whole.

A sample of strategies and tools to achieve these goals may include, but not be limited to, the following:

Extend RPP enforcement hours into evenings and weekends, times which usually experience the highest parking demand;

Require non-permit holders to pay an hourly rate, established per target parking occupancies, via the City’s pay-by-phone system;

Adjust prices, time limits, and/or hours of enforcement to achieve the target parking occupancy range, thereby increasing parking availability and reducing circling for parking1;

Facilitate increased information sharing about transportation alternatives in Pilot neighborhoods and implemented targeted TDM strategies for residents, visitors, and/or employees; and

Other strategies to be determined through public engagement and data collection.

Building on the success of the goBerkeley program, the three (3) year Pilot aims to better manage on-street parking

in residential neighborhoods, increasing parking availability for a wider set of users, including residents, visitors,

and employees. The Pilot will utilize effective principles and best practices employed by the goBerkeley program,

including:

Data-driven and community-oriented policy as a pathway to success;

o Transparent decision-making per clearly defined goals, guidelines, and quantitative analysis

o Tailoring outreach and communication to various user groups

o Fostering partnerships with community and business groups

1 The target parking occupancy range is defined as between 65-85% occupied, roughly equivalent to 1-2 open parking spaces

on the blockface.



Revised June 2017

Extensively documenting existing conditions and subsequent results of pilot adjustments;

Expanding the City’s use of technology (i.e., Automatic License Plate Recognition technology) for more

accurate and effective parking enforcement and program administration; and

Improving the customer experience of parking in Berkeley through clear policies, signage, and other

communication materials.

Pilot Areas and Characteristics

The City intends to implement the RSPP in the Elmwood and Southside/Telegraph areas, shown in the context map

provided as Attachment L.

The Elmwood pilot area is centered on two (2) blocks of College Avenue between Russell Street and Webster

Street. College Avenue is lined with retail establishments and restaurants that experiences heavy pedestrian traffic,

especially on nights and weekends. The surrounding neighborhood consists primarily of single-family homes.

The Southside/Telegraph pilot area is focused on the neighborhoods roughly bounded by Bancroft Avenue, Fulton

Street, Dwight Way, and Piedmont Avenue. This area is characterized by heavy pedestrian, bicycle, and bus transit

activity due to its proximity to the University of California campus and commercial businesses on Telegraph and

Bancroft Avenues. The surrounding neighborhood is densely populated and consists primarily of multi-family

homes and university housing.

II. SCOPE OF SERVICES

The consultant’s key responsibilities will be the development and implementation of a community outreach and

engagement strategy. Stakeholder information gathering, program communication, marketing, and branding are the

core tasks of the community outreach and engagement consultant. The overall “look and feel” of the RSPP program

and communication strategy will be guided by the work of the Consultant.

The Consultant will be part of a larger team that includes other consultants and City staff. In particular, the community

outreach and engagement consultant will be expected to:

Attending RSPP program team coordination meetings;

Developing and implementing a community outreach and engagement strategy;

Planning and attending community outreach events;

Information gathering;

Developing program branding;

Developing program communication and marketing materials for public consumption; and

Evaluate RSPP’s impact on the community and overall community outreach and engagement strategy efforts.

Vision

The City’s goals for community outreach and engagement as part of the RSPP are to build civic trust, develop

community relationships, better manage public expectations of the pilot, gather information to guide and determine

successful delivery of the program, and utilize effective communication mediums to disseminate pilot related

information. The aim of the RSPP is to be both a data and community driven initiative, directed by activities that will

inform, consult and involve the community.

Furthermore, community outreach and engagement should be accessible by all and barriers to achieving equitable

outreach and engagement should be addressed and overcome. The community outreach and engagement efforts of

the pilot should reflect the full diversity of the people in the project area.

Anticipated Timeline (subject to change)

Contract work is expected to commence in August 2018 for a three (3) - year period. Contract services are expected

to be focused around the Elmwood and Southside/Telegraph areas of Berkeley, as shown in Attachments L and M.

The anticipated timeline and critical dates are as follows:



Revised June 2017

Project Phase and Milestones Estimated Schedule

Proposals due April 12, 2018

Evaluation and selection completed May 4, 2018

City Council approves contract July 24, 2018

Notice to proceed August 7, 2018

Initial coordination with project team September 2018

Initiation of Technical Advisory Committee September 2018

Community outreach and engagement strategy development Fall 2018

Public outreach events and project engagement Winter 2018 – Spring

2019

Pilot development Winter 2018 – Summer

2019

Pilot launch Summer 2019

Mid-pilot analysis, public outreach events and project

engagement

Fall 2019 – Winter 2019

Pilot evaluation Fall 2020 – Spring 2021

Project Budget

This scope of services describes tasks and parameters for community outreach and engagement in support, and

implementation of the RSPP, and may be used for the purposes of cost estimation.

Work Plan

The tasks outlined below constitute the City’s minimum expectations for this contract. The respondent is

encouraged to add additional detail, tasks, and/or deliverables if necessary to explain their vision for the successful

implementation of this project.

Unless otherwise noted, expect all deliverables to have a first draft and final draft. First drafts will be submitted for

one (1) round of consolidated comments from City staff. Determination of a final draft will be made by City staff

on the basis that all comments from the City have been addressed by Consultant revisions.

Task 0. Final Scope/Schedule and Project Coordination

The consultant shall prepare for and attend a kick-off meeting with key City staff to discuss the project scope,

schedule and budget, as well as establish project coordination protocols and schedule. It is expected that project

coordination will entail an average of one (1) meeting every two (2) weeks for the duration of the project. The

consultant will refine and submit a final scope, budget, and schedule to the City’s project manager for approval

prior to proceeding with Task 1.

Deliverables: City approved project kick-off meeting agenda and minutes

Revised scope, budget and schedule

Memorandum of the project coordination protocols and schedule

Task 1. Develop RSPP Community Outreach and Engagement Strategy

The Consultant, in coordination with City staff and using preliminary information gathered, will develop a

community outreach and engagement strategy that is Berkeley specific and emphasizes relationship building and

community driven program development. The strategy will be a living document that encompasses core outreach

and engagement aspects of the program, such as:

o Creating dialogue and listening to community input to craft a program that is truly responsive to community needs;

o Effective program communication and public messaging; o Recognizable branding, marketing, and program identity; and o Equity in program outreach and engagement.



Revised June 2017

At a minimum, the strategy should specify and describe:

1. The aims, objectives, and desired outcomes of community outreach and engagement.

2. Key stakeholders and demographic analysis in the pilot area. Use information from national and local data gathering that will help guide the implementation of community outreach and engagement. The analysis

should discern the following for a diverse range of users (residential on-street parking users, residents,

visitors, employers, and employees):

o Basic demographic features o Population breakdown o Attitudes and interest toward general social topics o Commute characteristics and perceptions of parking in the area o Barriers to equitable and effective outreach and engagement (i.e., language, technology, timing,

etc.)

3. Program identity and branding strategy. The strategy should describe the approach to developing the Pilot’s identity and brand, which is the “look and feel” of the program. The consultant will be expected to lead

tasks to establish the brand identity for the program, such as but not limited to:

o Develop a program name and tagline o Create a program logo o Create a branding guide and other communication materials o Develop program materials for the program’s page on the City’s website

4. Tools for equitable program communication, engagement, marketing, and public relations. The strategy should detail proposed proven and effective methods of reaching and tailoring messaging to stakeholders

and user groups. Outreach and engagement tactics should be specific to each of the identified stakeholder

and user groups, and account for barriers to communication and access.

5. Approach and outline for information gathering from key stakeholders and user groups identified in bullet two (2) above. The strategy should specify approach to obtaining information from the different user

groups. Information gathering goals, target groups, and administration may differ between phases. For

example, during RSPP development, information gathering techniques should gain info and ask questions

to help guide parking strategies of RSPP, like a TDM program. Whereas during post RSPP implementation

and evaluation phases, information gathering should help discern satisfaction and attitudes of RSPP from

the different user groups. This section should describe what information we want to gather and how it fits

into the successful delivery of the RSPP program. The Consultant will work with City staff to finalize

details such as information gathering strategies and priorities, target groups, and schedule.

At a minimum, and depending on RSPP program phase, information gathering should address the

following from the different user groups:

o Typical origin, destination, and trip chaining o Commute characteristics o Perceptions of mobility options o Identified barriers to not driving own vehicle o Parking behavior and attitudes o Satisfaction and attitude toward the parking management strategies of the RSPP program

We encourage consultants to propose additional stakeholder and user group attributes, facets, and other

information they believe would be useful or necessary from information gathering to achieve the goals and

successful delivery of the RSPP program.

6. The outreach and engagement process. The strategy should describe the expected schedule of program outreach and engagement implementation. The Consultant should expect to plan, coordinate, execute, and

attend outreach and engagement events such as:



Revised June 2017

o Technical Advisory Committee (TAC) meetings: The TAC will consist of internal stakeholders, assembled by City staff, which includes representatives from affected departments as well as

external partners. Expect to participate in up to eight (8) TAC meetings.

o Community Advisory Group (CAG) workshops; The CAG will consist of key stakeholders from the pilot areas, including but not limited to employers, employees, and/or residents. Expect to

participate in up to eight (8) CAG workshops.

o Community pop-up meetings: Designed to facilitate one-on-one discussions with community members who are interested in learning about the RSPP program or to express neighborhood

parking concerns related to the pilot program’s efforts. These meetings should occur during both

the baseline phase of the project, and program launch.

o Open houses: Open houses will be held in the pilot area to present key goals of the pilot program and elicit input from residents, employees/employers, merchants and visitors. Expect to participate

in up to six (6) community open houses.

The Consultant shall author and lead development of graphic and text based materials that inform the

public of program progress. Key materials include, but not be limited to:

o Fact sheets o Brochures o Press releases o Social media content o Street signage along with material specifications o Reports on findings/program progress

Implementation activities for outreach and engagement, and associated materials to be developed should be

specified and described by project phase.

We encourage consultants to propose additional outreach events and activities that they believe would be

useful or necessary to achieve the goals and successful delivery of the Pilot.

7. How outreach goals will be evaluated. The strategy should describe method and criteria for evaluation. At a minimum the evaluation should address:

o Community satisfaction with RSPP o Overall impact of the RSPP community outreach and engagement strategy in achieving its goals o Lessons learned and suggestions for continuing the program based on community attitudes

Consultant should expect a number of reviews during the development of the RSPP Community Outreach and

Engagement Strategy.

Deliverables: Memorandum of sketch and development timeline

RSPP Community Outreach and Engagement strategy

Task 2: Pilot Program Branding

The consultant shall develop the Pilot program identity and branding as guided by the RSPP Community

Engagement and Outreach Strategy.

The consultant should expect a number of revisions during the development of the program’s brand and identity.

Deliverables: Pilot program name

Pilot program logo (Packaged in PDF, PNG, and Adobe Illustrator CS6)

Brand and style guide (Packaged in PDF and Adobe InDesign CS6)

Task 3: Community Outreach and Engagement Strategy Implementation

The consultant shall implement the RSPP Community Outreach and Engagement Strategy for each of the following

three phases:

Existing conditions/ pre-pilot

Post-Pilot launch



Revised June 2017

Post-Pilot evaluation

Some of the implementation may occur in conjunction with the strategy’s development.

Task 3.1 Stakeholder and User Group Information Gathering

The consultant shall implement information gathering tools as guided by the RSPP Community Outreach and

Engagement Strategy. These tools may only be used after review and approval by the City for content and method

of administration.

Data entry of information gathering responses are to be entered into MS Excel workbooks. All information

gathering instruments, and format for data packages to the City, must be approved by the City prior to usage and

submission.

Deliverables: City approved information gathering tools

Tabulated and packaged data in a City approved format

Findings report

Task 3.2 Program Communications and Outreach Events and Activities

The consultant shall author and develop communication materials in hardcopy and digital format as guided by the

RSPP Community Outreach and Engagement Strategy.

The consultant shall plan, coordinate, execute, and attend the outreach events and activities as guided by the RSPP

Community Outreach and Engagement Strategy.

Deliverables: Plans and schedule

Logistics and coordination

Hardcopy and digital communication materials (Packaged in PDF and Adobe InDesign CS6)

Staffing plan for events

Task 4. Pilot Program Evaluation

This task will follow the evaluation strategy developed in the RSPP Community Outreach and Engagement

Strategy. At a minimum should address, the evaluation should address:

Community satisfaction with the RSPP

Overall impact of the RSPP Community Outreach and Engagement Strategy in achieving its goals

Lessons learned and suggestions for continuing the program based on community attitudes

Deliverables: Pilot evaluation report

Task 5. Pilot Program Electronic Communications (OPTIONAL)

The Consultant will develop and manage the RSPP program website or webpage located on the City’s website. The

Consultant will meet with the City’s Information Technology Department to coordinate the development of an

individual program website or understand the City’s website capabilities and near-future changes and submit

material for ease of posting. The purpose of program’s website/webpage will be to provide meaningful information,

gather input, and document the program’s progress.

The Consultant will also work with City staff to craft press releases and communications through the City’s social

media channels.

Deliverables: Pilot website/webpage development and delivery schedule

Pilot website/webpage launch and management

Press releases and social media communications



Revised June 2017

III. SUBMISSION REQUIREMENTS

All proposals shall include the following information, organized as separate sections of the proposal. Clarity is

essential and will be considered in assessing the Respondents’ capabilities. Proposals shall be doubled-sided and the

body of the proposal (Items 1 (one) through 7 (seven) listed below) should not exceed 25 page faces.

1. Cover Letter:

Respondents should submit a cover letter expressing their interest in the project and a brief overview of their

qualification highlights. The letter must contain, at a minimum, the following information:

Statement of interest referencing professional services to provide community outreach and engagement services.

Certification that the information and data submitted is true and complete to the best knowledge of the individual signing the letter.

Provide the name of the firm, the firm's principal place of business, the name and telephone number of the contact person and company tax identification number.

Signature by an authorized principal or partner of the firm

2. Qualifications and Experience

Firm or Team: Respondents shall describe the firm or team’s projects and experience of the past three (3) years

relevant to the Scope of Services described in Section II. Respondents should emphasize projects for which key

staff proposed for this project have either been primarily responsible or have performed substantially similar

work. If sub-consultants are to be used, the means by which these firms will participate must be specified and

their experience and credentials presented in this section.

Key Staff: Respondents shall identify the key individuals to be assigned to this project (by name and position)

and describe the work tasks assigned to each individual. Respondents must also provide experience summaries

of these key individuals, describing for each individual their previous experience on similar projects in similar

roles, their educational background, and their length of tenure with the organization. Résumés of key individuals

may also be included in the appendices. Respondents shall also list any professional affiliations, licensures, and

certifications that are pertinent to the work described in Section II, Scope of Services.

3. Project Understanding, Work Plan, and Capacity

Respondents shall describe the consultant or consultant team’s understanding of and approach to this project. It

should address how the respondent anticipates working with a bigger consultant team as chosen by the City.

Respondents shall also describe key staff capacity for the project, assuming work starts in mid-2018 and lasts

two and a half (2-1/2) years.

4. Representative Work Samples (Appendix):

Respondents shall provide work samples that they created for a minimum of three (3) projects, ideally projects

that relate or would transfer well to the Scope of Work described in Section II. Work samples should be chosen

to reflect and demonstrate abilities to:

Develop successful and target specific community outreach and engagement strategies;

Create public facing materials: o Text and graphic based communication materials o Presentations to the public and public officials o Data visualization (charts, graphs, and infographics) o Program progress/Analysis reporting

Information gathering/surveying and qualitative data analysis

Develop clear, concise, and memorable program branding

5. Price Proposal with Indirect Cost Rate Schedule:

The proposal shall include pricing for all services. Pricing shall be all inclusive unless indicated otherwise on a

separate pricing sheet. The Proposal shall itemize all services, including hourly rates (direct and indirect) for all

professional, technical and support personnel, and all other charges related to completion of the work shall be



Revised June 2017

itemized. The price proposal must clearly identify base hourly rate, fringe benefits, and indirect costs for all

personnel, with fee (profit) show separately. Billing rate schedule cannot be used. Additionally, other direct

costs must be broken out in detail in order to be eligible for payment. The required cost proposal format, as

shown in the Local Assistance Procedures Manual, is provided as Attachment J-1.

Price proposals should be accompanied by a copy of the prime proposer and subconsultants’ current Indirect

Cost Rate schedules, including copies of any Certified Public Accountant indirect cost rate audit report.

The prime consultant’s financial management system must meet the financial standards set forth in 49 CFR Part 18.2

The proposed costs in the prime and subconsultant cost proposals must comply with the cost principles established in 48 CFR, Chapter 1, Part 31, “Contract Cost Principles”.

6. Client References:

Provide a minimum of three (3) client references. References should be California cities or other large public

sector entities. Provide the designated person's name, title, organization, address, telephone number, and the

project(s) that were completed under that client’s direction.

7. Contract Terminations:

If your organization has had a contract terminated in the last five (5) years, describe such incident. Termination for default is defined as notice to stop performance due to the vendor’s non-performance or poor

performance and the issue of performance was either (a) not litigated due to inaction on the part of the vendor,

or (b) litigated and such litigation determined that the vendor was in default.

Submit full details of the terms for default including the other party’s name, address, and phone number. Present

the vendor’s position on the matter. The City will evaluate the facts and may, at its sole discretion, reject the

proposal on the grounds of the past experience.

If the firm has not experienced any such termination for default or early termination in the past five (5) years, so

indicate.

8. City’s Contracting Requirements and Federal Forms

Respondents shall indicate in writing if they would agree to sign the City of Berkeley’s Consulting

(Professional) Services Contract developed for this project to incorporate federal requirements, as shown in

Attachment I. Respondents with specific concerns about the contract language shall indicate the specific

concerns and desired edits in writing. This will be the only opportunity to request contract changes and

negotiations would be based only on the items indicated in this proposal.

This project, which is partially funded by a Congestion Mitigation and Air Quality (CMAQ) grant, also has

federal requirements. Attachment J contains the federally required forms, per to the Caltrans Local Assistance

Procedures Manual, Chapter 10. Instructions in Attachment J – Required Federal Forms Checklist indicate

which forms are to be submitted with the proposal and which forms are to be submitted by the successful

proposer at the time of contract execution.

IV. SELECTION CRITERIA

The following criteria will be considered, although not exclusively, in determining which firm is hired.

Criteria Point

s

Qualifications and experience 30

Project understanding, work plan, and capacity 30

Work samples 20

Price proposal with indirect cost rate schedule 10

Overall quality of the response and conformance with RFP requirements for

content

10



Revised June 2017

Total 100

A selection panel of City of Berkeley staff will review all proposals submitted and select the top proposals. Should

the panel deem it necessary, the evaluation panel may elect to invite the top-ranked proposers to make a

presentation to the evaluation panel in a City office in Berkeley, California, at no cost to the City. The number of

proposers selected for a panel interview will be at the sole discretion of the evaluation panel. Based on the initial

proposals and the panel interview, the panel will select the proposal which is most responsive to this solicitation

and is deemed to offer the best value to the City. The City may negotiate with the proposer to determine final

pricing and contract form. Because this is an RFP and all terms are negotiable, all responses will remain

confidential until after award is made, and there will be no public opening and reading of proposal responses.

The City reserves the right to reject any and all submissions.

V. PAYMENT

Invoices: Invoices must be fully itemized, and provide sufficient information for approving payment and audit.

Invoices must be accompanied by receipt for services in order for payment to be processed. Mail invoices to the

Project Manager and reference the contract number.

City of Berkeley

Accounts Payable

PO Box 700

Berkeley, CA 94701

Attn: Gordon Hansen/Public Works Department

Payments: The City will make payment to the vendor within 30- days of receipt of a correct and complete

invoice.

VI. CITY REQUIREMENTS

A. Non-Discrimination Requirements:

Ordinance No. 5876-N.S. codified in B.M.C. Chapter 13.26 states that, for contracts worth more than $3,000 bids

for supplies or bids or proposals for services shall include a completed Workforce Composition Form. Businesses

with fewer than five employees are exempt from submitting this form. (See B.M.C. 13.26.030)

Under B.M.C. section 13.26.060, the City may require any bidder or vendor it believes may have discriminated

to submit a Non-Discrimination Program. The Contract Compliance Officer will make this determination. This

applies to all contracts and all consultants (contractors). Berkeley Municipal Code section 13.26.070 requires

that all contracts with the City contain a non-discrimination clause, in which the contractor agrees not to

discriminate and allows the City access to records necessary to monitor compliance. This section also applies to

all contracts and all consultants. Bidders must submit the attached Non-Discrimination Disclosure Form

with their proposal

B. Nuclear Free Berkeley Disclosure Form:

Berkeley Municipal Code section 12.90.070 prohibits the City from granting contracts to companies that

knowingly engage in work for nuclear weapons. This contracting prohibition may be waived if the City Council determines that no reasonable alternative exists to doing business with a company that engages in nuclear

weapons work. If your company engages in work for nuclear weapons, explain on the Disclosure Form the nature

of such work. Bidders must submit the attached Nuclear Free Disclosure Form with their proposal.

C. Oppressive States:



Revised June 2017

The City of Berkeley prohibits granting of contracts to firms that knowingly provide personal services to specified

Countries. This contracting prohibition may be waived if the City Council determines that no reasonable

alternative exists to doing business with a company that is covered by City Council Resolution No. 59,853-N.S.

If your company or any subsidiary is covered, explain on the Disclosure Form the nature of such work. Bidders

must submit the attached Oppressive States Disclosure Form with their proposal.

D. Conflict of Interest:

In the sole judgment of the City, any and all proposals are subject to disqualification on the basis of a conflict of

interest. The City may not contract with a vendor if the vendor or an employee, officer or director of the

proposer's firm, or any immediate family member of the preceding, has served as an elected official, employee,

board or commission member of the City who influences the making of the contract or has a direct or indirect

interest in the contract.

Furthermore, the City may not contract with any vendor whose income, investment, or real property interest may

be affected by the contract. The City, at its sole option, may disqualify any proposal on the basis of such a conflict

of interest. Please identify any person associated with the firm that has a potential conflict of interest.

E. Berkeley Living Wage Ordinance:

Chapter 13.27 of the Berkeley Municipal Code requires that contractors offer all eligible employees with City

mandated minimum compensation during the term of any contract that may be awarded by the City. If the

Contractor is not currently subject to the Living Wage Ordinance, cumulative contracts with the City within a

one-year period may subject Contractor to the requirements under B.M.C. Chapter 13.27. A certification of

compliance with this ordinance will be required upon execution of a contract. The Living Wage rate is currently

$14.97 (if medical benefits are provided) or $17.45 (if medical benefits are not provided). The Living Wage rate

is adjusted automatically effective June 30th of each year commensurate with the corresponding increase in the

Consumer Price Index published in April of each year. If the Living Wage rate is adjusted during the term of

your agreement, you must pay the new adjusted rate to all eligible employees, regardless of what the rate was

when the contract was executed.

F. Berkeley Equal Benefits Ordinance: Chapter 13.29 of the Berkeley Municipal Code requires that contractors offer domestic partners the same access

to benefits that are available to spouses. A certification of compliance with this ordinance will be required upon

execution of a contract. G. Statement of Economic Interest:

The City’s Conflict of Interest Code designates “consultants” as a category of persons who must complete Form

700, Statement of Economic Interest, at the beginning of the contract period and again at the termination of the

contract. The selected contractor will be required to complete the Form 700 before work may begin.

VII. OTHER REQUIREMENTS

A. Insurance

The selected contractor will be required to maintain general liability insurance in the minimum amount of

$2,000,000, automobile liability insurance in the minimum amount of $1,000,000 and a professional liability

insurance policy in the amount of $2,000,000 to cover any claims arising out of the performance of the contract.

The general liability and automobile insurance must name the City, its officers, agents, volunteers and employees

as additional insureds.



Revised June 2017

B. Worker’s Compensation Insurance:

A selected contractor who employs any person shall maintain workers' compensation insurance in accordance

with state requirements. Sole proprietors with no employees are not required to carry Worker’s Compensation

Insurance.

C. Business License

Virtually every contractor that does business with the City must obtain a City business license as mandated by

B.M.C. Ch. 9.04. The business license requirement applies whether or not the contractor has an office within the

City limits. However, a "casual" or "isolated" business transaction (B.M.C. section 9.04.010) does not subject

the contractor to the license tax. Warehousing businesses and charitable organizations are the only entities

specifically exempted in the code from the license requirement (see B.M.C. sections, 9.04.295 and 9.04.300).

Non-profit organizations are granted partial exemptions (see B.M.C. section 9.04.305). Persons who, by reason

of physical infirmity, unavoidable misfortune, or unavoidable poverty, may be granted an exemption of one

annual free license at the discretion of the Director of Finance. (see B.M.C. sections 9.04.290).

Vendor must apply for a City business license and show proof of application to Purchasing Manager within

seven days of being selected as intended contractor.

The Customer Service Division of the Finance Department located at 1947 Center Street, Berkeley, CA 94704,

issues business licenses. Contractors should contact this division for questions and/or information on obtaining

a City business license, in person, or by calling 510-981-7200.

D. Recycled Paper

All reports to the City shall be on recycled paper that contains at least 50% recycled product when such paper

is available at a cost of not greater than ten percent more than the cost of virgin paper, and when such paper is

available at the time it is required. If recycled paper is not available the Contractor shall use white paper. Written

reports or studies shall be printed on both sides of the page whenever practical.

E. State Prevailing Wage:

Certain labor categories under this project may be subject to prevailing wages as identified in the State of

California Labor Code commencing in Section 1770 et. seq. These labor categories, when employed for any

“work performed during the design and preconstruction phases of construction including, but not limited to,

inspection and land surveying work,” constitute a “Public Work” within the definition of Section 1720(a)(1) of

the California Labor Code requiring payment of prevailing wages.

Wage information is available through the California Division of Industrial Relations web site at:

http://www.dir.ca.gov/OPRL/statistics_and_databases.html

VIII. SCHEDULE (dates are subject to change)

Issue RFP to potential bidders: March 19, 2018

Questions Due March 29, 2018

Proposals due from potential bidders April 12, 2018

Complete Selection Process May 4, 2018

Council Approval of Contract (if over $50k) July 24, 2018

http://www.dir.ca.gov/OPRL/statistics_and_databases.html



Revised June 2017

Sign and Process Contract August 3, 2018

Notice to proceed August 7, 2018

Thank you for your interest in working with the City of Berkeley for this service. We look forward to receiving

your proposal.

Attachments:

Check List of Required Items for Submittal Attachment A

Non-Discrimination/Workforce Composition Form Attachment B

Nuclear Free Disclosure Form Attachment C

Oppressive States Form Attachment D

Living Wage Form Attachment E

Equal Benefits Certification of Compliance Attachment F

Right to Audit Form Attachment G

Insurance Endorsement Attachment H

Federalized Contract Attachment I

Required Federal Forms Checklist Attachment J o Cost Proposal Template Attachment J-1 o Consultant Proposal DBE Commitment Attachment J-2 o Disclosure of Lobbying Activities Attachment J-3 o Consultant Contract DBE Commitment Attachment J-4 o Consultant Certification of Contract Costs

and Financial Management System Attachment J-5

Notice to Proposers DBE Information Attachment K

Project Context Map Attachment L

Minimum Pilot Locations Attachment M



Revised June 2017

ATTACHMENT A

CHECKLIST

Proposal describing service (one (1) unbound original, six (6) unbound copies, and one (1) digital copy on a USB

stick)

Contractor Identification and Company Information

Client References

Client Work Samples

Federal Forms

o Exhibit 10-H Attachment J-1 o Exhibit 10-O1 Attachment J-2 o Exhibit 10-Q Attachment J-3

The following forms, completed and signed in blue ink (attached):

o Non-Discrimination/Workforce Composition Form Attachment B

o Nuclear Free Disclosure Form Attachment C

o Oppressive States Form Attachment D

o Living Wage Form (may be optional) Attachment E

o Equal Benefits Ordinance Certification of Compliance (EBO-1) Attachment F

ADDITIONAL SUBMITTALS REQUIRED FROM SELECTED VENDOR AFTER COUNCIL

APPROVAL TO AWARD CONTRACT.

Provide original-signed in blue ink Evidence of Insurance

o Auto o Liability o Worker’s Compensation

Right to Audit Form Attachment G

Commercial General & Automobile Liability Endorsement Form Attachment H

Berkeley Business License

Federal Forms

o Exhibit 10-O2 Attachment J-4

o Exhibit 10-K Attachment J-5



Revised June 2017

NON-DISCRIMINATION/WORKFORCE COMPOSITION FORM FOR NON-CONSTRUCTION CONTRACTS

To assist the City of Berkeley in implementing its Non-Discrimination policy, it is requested that you furnish information

regarding your personnel as requested below and return it to the City Department handling your contract:

Organization: _____________________________________________________________________________________

Address: _______________________________________________________________

Business Lic. #: ___________

Occupational Category:

__________________________

(See reverse side for explanation of

terms)

Total

Employees

White

Employees

Black

Employees

Asian

Employees

Hispanic

Employees

Other

Employees

Female Male Female Male Female Male Female Male Female Male Female Male

Official/Administrators

Professionals

Technicians

Protective Service Workers

Para-Professionals

Office/Clerical

Skilled Craft Workers

Service/Maintenance

Other (specify)

Totals:

Is your business MBE/WBE/DBE certified? Yes _____ No _____ If yes, by what agency? _______________________

If yes, please specify: Male: _____ Female: _____ Indicate ethnic identifications: ___________________________

Do you have a Non-Discrimination policy? Yes: _____ No: _____

Signed: ________________________________________________________________ Date: __________________

Verified by: _____________________________________________________________ Date: __________________

City of Berkeley Contract Compliance Officer

Attachment B



Revised June 2017

Occupational Categories

Officials and Administrators - Occupations in which employees set broad policies, exercise overall responsibility

for execution of these policies, or provide specialized consultation on a regional, district or area basis. Includes:

department heads, bureau chiefs, division chiefs, directors, deputy superintendents, unit supervisors and kindred

workers.

Professionals - Occupations that require specialized and theoretical knowledge that is usually acquired through

college training or through work experience and other training that provides comparable knowledge. Includes:

personnel and labor relations workers, social workers, doctors, psychologists, registered nurses, economists,

dietitians, lawyers, systems analysts, accountants, engineers, employment and vocational rehabilitation counselors,

teachers or instructors, and kindred workers.

Technicians - Occupations that require a combination of basic scientific or technical knowledge and manual skill

that can be obtained through specialized post-secondary school education or through equivalent on-the-job training.

Includes: computer programmers and operators, technical illustrators, highway technicians, technicians (medical,

dental, electronic, physical sciences) and kindred workers.

Protective Service Workers - Occupations in which workers are entrusted with public safety, security and

protection from destructive forces. Includes: police officers, fire fighters, guards, sheriffs, bailiffs, correctional

officers, detectives, marshals, harbor patrol officers, and kindred workers.

Para-Professionals - Occupations in which workers perform some of the duties of a professional or technician in a

supportive role, which usually requires less formal training and/or experience normally required for professional or

technical status. Such positions may fall within an identified pattern of a staff development and promotion under a

"New Transporters" concept. Includes: library assistants, research assistants, medical aides, child support workers,

police auxiliary, welfare service aides, recreation assistants, homemaker aides, home health aides, and kindred

workers.

Office and Clerical - Occupations in which workers are responsible for internal and external communication,

recording and retrieval of data and/or information and other paperwork required in an office. Includes:

bookkeepers, messengers, office machine operators, clerk-typists, stenographers, court transcribers, hearings

reporters, statistical clerks, dispatchers, license distributors, payroll clerks, and kindred workers.

Skilled Craft Workers - Occupations in which workers perform jobs which require special manual skill and a

thorough and comprehensive knowledge of the processes involved in the work which is acquired through on-the-

job training and experience or through apprenticeship or other formal training programs. Includes: mechanics and

repairpersons, electricians, heavy equipment operators, stationary engineers, skilled machining occupations,

carpenters, compositors and typesetters, and kindred workers.

Service/Maintenance - Occupations in which workers perform duties which result in or contribute to the comfort,

convenience, hygiene or safety of the general public or which contribute to the upkeep and care of buildings,

facilities or grounds of public property. Workers in this group may operate machinery. Includes: chauffeurs,

laundry and dry cleaning operatives, truck drivers, bus drivers, garage laborers, custodial personnel, gardeners and

groundskeepers, refuse collectors, and construction laborers.



Revised June 2017

CITY OF BERKELEY

Nuclear Free Zone Disclosure Form

I (we) certify that:

1. I am (we are) fully cognizant of any and all contracts held, products made or otherwise handled by

this business entity, and of any such that are anticipated to be entered into, produced or handled for

the duration of its contract(s) with the City of Berkeley. (To this end, more than one individual may

sign this disclosure form, if a description of which type of contracts each individual is cognizant is

attached.)

2. I (we) understand that Section 12.90.070 of the Nuclear Free Berkeley Act (Berkeley Municipal

Code Ch. 12.90; Ordinance No. 5784-N.S.) prohibits the City of Berkeley from contracting with any

person or business that knowingly engages in work for nuclear weapons.

3. I (we) understand the meaning of the following terms as set forth in Berkeley Municipal Code Section

12.90.130:

"Work for nuclear weapons" is any work the purpose of which is the development, testing,

production, maintenance or storage of nuclear weapons or the components of nuclear weapons; or

any secret or classified research or evaluation of nuclear weapons; or any operation, management or

administration of such work.

"Nuclear weapon" is any device, the intended explosion of which results from the energy released

by reactions involving atomic nuclei, either fission or fusion or both. This definition of nuclear

weapons includes the means of transporting, guiding, propelling or triggering the weapon if and only

if such means is destroyed or rendered useless in the normal propelling, triggering, or detonation of

the weapon.

"Component of a nuclear weapon" is any device, radioactive or non-radioactive, the primary intended

function of which is to contribute to the operation of a nuclear weapon (or be a part of a nuclear

weapon).

4. Neither this business entity nor its parent nor any of its subsidiaries engages in work for nuclear

weapons or anticipates entering into such work for the duration of its contract(s) with the City of

Berkeley.

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California

that the foregoing is true and correct.

Printed Name: ___________________________________Title:______________________________________

Signature: _______________________________________Date:_____________________________________

Business Entity: ___________________________________________________________________________

Contract Description/Specification No: Community Outreach and Engagement Services for the Residential Shared Parking Pilot / 18-11203-C

Attachment C



Revised June 2017

CITY OF BERKELEY

Oppressive States Compliance Statement

The undersigned, an authorized agent of__________________________________________________(hereafter "Vendor"),

has had an opportunity to review the requirements of Berkeley City Council Resolution No. 59,853-N.S. (hereafter

"Resolution"). Vendor understands and agrees that the City may choose with whom it will maintain business relations and may

refrain from contracting with those Business Entities which maintain business relationships with morally repugnant regimes.

Vendor understands the meaning of the following terms used in the Resolution:

"Business Entity" means "any individual, firm, partnership, corporation, association or any other commercial

organization, including parent-entities and wholly-owned subsidiaries" (to the extent that their operations are

related to the purpose of the contract with the City).

"Oppressive State" means: Tibet Autonomous Region and the Provinces of Ado, Kham and U-Tsang

“Personal Services” means “the performance of any work or labor and shall also include acting as an independent contractor or

providing any consulting advice or assistance, or otherwise acting as an agent pursuant to a contractual relationship.”

Contractor understands that it is not eligible to receive or retain a City contract if at the time the contract is executed, or at any

time during the term of the contract it provides Personal Services to:

a. The governing regime in any Oppressive State. b. Any business or corporation organized under the authority of the governing regime of any Oppressive State. c. Any person for the express purpose of assisting in business operations or trading with any public or private entity

located in any Oppressive State.

Vendor further understands and agrees that Vendor's failure to comply with the Resolution shall constitute a default of the

contract and the City Manager may terminate the contract and bar Vendor from bidding on future contracts with the City for

five (5) years from the effective date of the contract termination.

The undersigned is familiar with, or has made a reasonable effort to become familiar with, Vendor's business structure and the

geographic extent of its operations. By executing the Statement, Vendor certifies that it complies with the requirements of the

Resolution and that if any time during the term of the contract it ceases to comply, Vendor will promptly notify the City

Manager in writing.

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the

foregoing is true and correct.

Printed Name: ___________________________________Title:________________________________________

Signature: _______________________________________ Date:_______________________________________

Business Entity: ______________________________________________________________________________

Contract Description/Specification No.: Community Outreach and Engagement Services for the Residential Shared

Parking Pilot / 18-11203-C

I am unable to execute this Statement; however, Vendor is exempt under Section VII of the Resolution. I have attached a

separate statement explaining the reason(s) Vendor cannot comply and the basis for any requested exemption.

Signature: _______________________________________ Date:_______________________________________

Attachment D



Revised June 2017

CITY OF BERKELEY

Living Wage Certification for Providers of Services

TO BE COMPLETED BY ALL PERSONS OR ENTITIES ENGAGING IN A CONTRACT FOR PERSONAL

SERVICES WITH THE CITY OF BERKELEY.

The Berkeley Municipal Code Chapter 13.27, Berkeley's Living Wage Ordinance (LWO), provides that contractors who

engage in a specified amount of business with the City (except where specifically exempted) under contracts which furnish

services to or for the City in any twelve (12) month period of time shall comply with all provisions of this Ordinance. The

LWO requires a City contractor to provide City mandated minimum compensation to all eligible employees, as defined in the

Ordinance. In order to determine whether this contract is subject to the terms of the LWO, please respond to the questions

below. Please note that the LWO applies to those contracts where the contractor has achieved a cumulative dollar contracting

amount with the City. Therefore, even if the LWO is inapplicable to this contract, subsequent contracts may be subject to

compliance with the LWO. Furthermore, the contract may become subject to the LWO if the status of the Contractor's

employees change (i.e. additional employees are hired) so that Contractor falls within the scope of the Ordinance.

Section I.

1. IF YOU ARE A FOR-PROFIT BUSINESS, PLEASE ANSWER THE FOLLOWING QUESTIONS

a. During the previous twelve (12) months, have you entered into contracts, including the present contract, bid, or proposal,

with the City of Berkeley for a cumulative amount of $25,000.00 or more?

YES ____ NO ____

If no, this contract is NOT subject to the requirements of the LWO, and you may continue to Section II. If yes, please

continue to question 1(b).

b. Do you have six (6) or more employees, including part-time and stipend workers?

YES ____ NO ____

If you have answered, “YES” to questions 1(a) and 1(b) this contract IS subject to the LWO. If you responded "NO" to

1(b) this contract IS NOT subject to the LWO. Please continue to Section II.

2. IF YOU ARE A NON-PROFIT BUSINESS, AS DEFINED BY SECTION 501(C) OF THE INTERNAL

REVENUE CODE OF 1954, PLEASE ANSWER THE FOLLOWING QUESTIONS.

a. During the previous twelve (12) months, have you entered into contracts, including the present contract, bid or

proposal, with the City of Berkeley for a cumulative amount of $100,000.00 or more?

YES ____ NO ____

If no, this Contract is NOT subject to the requirements of the LWO, and you may continue to Section II. If yes, please

continue to question 2(b).

b. Do you have six (6) or more employees, including part-time and stipend workers?

YES ____ NO ____

If you have answered, “YES” to questions 2(a) and 2(b) this contract IS subject to the LWO. If you responded "NO" to

2(b) this contract IS NOT subject to the LWO. Please continue to Section II.

Section II

Please read, complete, and sign the following:

THIS CONTRACT IS SUBJECT TO THE LIVING WAGE ORDINANCE.

THIS CONTRACT IS NOT SUBJECT TO THE LIVING WAGE ORDINANCE.

Attachment E



Revised June 2017

The undersigned, on behalf of himself or herself individually and on behalf of his or her business or organization, hereby

certifies that he or she is fully aware of Berkeley's Living Wage Ordinance, and the applicability of the Living Wage

Ordinance, and the applicability of the subject contract, as determined herein. The undersigned further agrees to be bound by

all of the terms of the Living Wage Ordinance, as mandated in the Berkeley Municipal Code, Chapter 13.27. If, at any time

during the term of the contract, the answers to the questions posed herein change so that Contractor would be subject to the

LWO, Contractor will promptly notify the City Manager in writing. Contractor further understands and agrees that the failure

to comply with the LWO, this certification, or the terms of the Contract as it applies to the LWO, shall constitute a default of

the Contract and the City Manager may terminate the contract and bar Contractor from future contracts with the City for five

(5) years from the effective date of the Contract termination. If the contractor is a for-profit business and the LWO is

applicable to this contract, the contractor must pay a living wage to all employees who spend 25% or more or their

compensated time engaged in work directly related to the contract with the City. If the contractor is a non-profit business and

the LWO is applicable to this contract, the contractor must pay a living wage to all employees who spend 50% or more or their

compensated time engaged in work directly related to the contract with the City.

These statements are made under penalty of perjury under the laws of the state of California.

Printed Name: ___________________________________Title:________________________________________

Signature: _______________________________________ Date:_______________________________________

Business Entity: ______________________________________________________________________________

Contract Description/Specification No: Community Outreach and Engagement Services for the Residential Shared

Parking Pilot / 18-11203-C

Section III

_____________________________________________________________________________________________

* * FOR ADMINISTRATIVE USE ONLY -- PLEASE PRINT CLEARLY * * *

I have reviewed this Living Wage Certification form, in addition to verifying Contractor's total dollar amount contract

commitments with the City in the past twelve (12) months, and determined that this Contract IS / IS NOT (circle one)

subject to Berkeley's Living Wage Ordinance.

_________________________________ _________________________________________

Department Name Department Representative

Attachment E Page 2



Revised June 2017

Form EBO-1 CITY OF BERKELEY

CERTIFICATION OF COMPLIANCE WITH EQUAL BENEFITS ORDINANCE If you are a contractor, return this form to the originating department/project manager. If you are a vendor (supplier of goods), return this form to the Purchasing Division of the Finance Dept.

SECTION 1. CONTRACTOR/VENDOR INFORMATION

Name: Vendor No.:

Address: City: State: ZIP:

Contact Person: Telephone:

E-mail Address: Fax No.:

SECTION 2. COMPLIANCE QUESTIONS

A. The EBO is inapplicable to this contract because the contractor/vendor has no employees. Yes No (If “Yes,” proceed to Section 5; if “No”, continue to the next question.)

B. Does your company provide (or make available at the employees’ expense) any employee benefits? Yes No

If “Yes,” continue to Question C. If “No,” proceed to Section 5. (The EBO is not applicable to you.)

C. Does your company provide (or make available at the employees’ expense) any benefits to

the spouse of an employee? ......................................................................................... Yes No D. Does your company provide (or make available at the employees’ expense) any benefits to

the domestic partner of an employee? .......................................................................... Yes No If you answered “No” to both Questions C and D, proceed to Section 5. (The EBO is not applicable to this contract.) If you answered “Yes” to both Questions C and D, please continue to Question E. If you answered “Yes” to Question C and “No” to Question D, please continue to Section 3.

E. Are the benefits that are available to the spouse of an employee identical to the benefits that

are available to the domestic partner of the employee? ............................................... Yes No If you answered “Yes,” proceed to Section 4. (You are in compliance with the EBO.) If you answered “No,” continue to Section 3.

SECTION 3. PROVISIONAL COMPLIANCE A. Contractor/vendor is not in compliance with the EBO now but will comply by the following date:

By the first effective date after the first open enrollment process following the contract start date, not to

exceed two years, if the Contractor submits evidence of taking reasonable measures to comply with the EBO; or

At such time that administrative steps can be taken to incorporate nondiscrimination in benefits in the

Contractor’s infrastructure, not to exceed three months; or

Upon expiration of the contractor’s current collective bargaining agreement(s).

To be completed by

Contractor/Vendor



Revised June 2017

B. If you have taken all reasonable measures to comply with the EBO but are unable to do so, do you agree to provide employees with a cash equivalent?* ..................................... Yes No

* The cash equivalent is the amount of money your company pays for spousal benefits that are unavailable for domestic partners.

SECTION 4. REQUIRED DOCUMENTATION

At time of issuance of purchase order or contract award, you may be required by the City to provide documentation (copy of employee handbook, eligibility statement from your plans, insurance provider statements, etc.) to verify that you do not discriminate in the provision of benefits.

SECTION 5. CERTIFICATION

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that I am authorized to bind this entity contractually. By signing this certification, I further agree to comply with all additional obligations of the Equal Benefits Ordinance that are set forth in the Berkeley Municipal Code and in the terms of the contract or purchase order with the City. Executed this _______day of _________________, in the year __________, at __________________, ________ (City) (State) _____________________________________ ______________________________________ Name (please print) Signature _____________________________________ ______________________________________ Title Federal ID or Social Security Number

FOR CITY OF BERKELEY USE ONLY

Non-Compliant (The City may not do business with this contractor/vendor)

One-Person Contractor/Vendor Full Compliance Reasonable Measures

Provisional Compliance Category, Full Compliance by Date: _________________________________________

Staff Name(Sign and Print): _____________________________________Date: ____________ ________________

_____________________

Attachment F



Revised June 2017

CITY OF BERKELEY

Right to Audit Form

The contractor agrees that pursuant to Section 61 of the Berkeley City Charter, the City Auditor’s office

may conduct an audit of Contractor’s financial, performance and compliance records maintained in

connection with the operations and services performed under this contract.

In the event of such audit, Contractor agrees to provide the Auditor with reasonable access to Contractor’s

employees and make all such financial, performance and compliance records available to the Auditor’s

office. City agrees to provide Contractor an opportunity to discuss and respond to/any findings before a

final audit report is filed.

Signed:______________________________________ Date:__________________

Print Name & Title:_______________________________________________________

Company:_______________________________________________________________


Please direct questions regarding this form to the Auditor's Office, at (510) 981-6750.

Attachment G



Revised June 2017

CITY OF BERKELEY

Commercial General and Automobile Liability Endorsement

The attached Certificates of Insurance are hereby certified to be a part of the following policies having the

following expiration dates:

Policy No. Company Providing Policy Expir. Date _______________ __________________________ _________

_______________ __________________________ _________

_______________ __________________________ _________

_______________ __________________________ _________

The scope of the insurance afforded by the policies designated in the attached certificates is not less than that

which is afforded by the Insurance Service Organization's or other "Standard Provisions" forms in use by the

insurance company in the territory in which coverage is afforded.

Such Policies provide for or are hereby amended to provide for the following:

1. The named insured is ________________________________________.

2. CITY OF BERKELEY ("City") is hereby included as an additional insured with respect to liability

arising out of the hazards or operations under or in connection with the following agreement:

_______________________________________________________.

The insurance provided applies as though separate policies are in effect for both the named insured

and City, but does not increase the limits of liability set forth in said policies.

3. The limits of liability under the policies are not less than those shown on the certificate to which this

endorsement is attached.

4. Cancellation or material reduction of this coverage will not be effective until thirty (30) days following

written notice to __________________________________, Department of

___________________________, Berkeley, CA.

5. This insurance is primary and insurer is not entitled to any contribution from insurance in effect for

City.

The term "City" includes successors and assigns of City and the officers, employees, agents and

volunteers.

_______________________________________

Insurance Company

Date: _____________ By: ______________________________________

Signature of Underwriter's

Authorized Representative


Attachment H

2/2015

1

AGREEMENT FOR CONSULTING SERVICES This is an Agreement between the City of Berkeley, a Charter City organized and existing under the laws of the State of California ("City"), and ("Consultant"), a California [corporation, partnership, joint venture], doing business at who agree as follows: RECITALS WHEREAS, this Agreement sets forth the terms and conditions under which City shall obtain and Consultant will provide the services identified in Appendix "A" attached hereto; Now, THEREFORE, City and Consultant agree as follows: 1. DEFINITIONS

1.1 Where any word or phrase defined below, or a pronoun in place thereof, is used in any part of this Agreement, it shall have the meaning herein set forth.

1.1.1 Agreement: This Agreement together with all attachments and appendices and other

documents incorporated herein by reference.

1.1.2 Project: Total design of of which the Work performed under this Agreement may be whole or part.

1.1.3 Project Manager: Person or persons designated by City and authorized to act on City's

behalf with respect to this Agreement.

1.1.4 Work: The work described in Appendix A "Scope of Services", and made a part of this Agreement.

2. PERFORMANCE PERIOD

2.1 This contract shall go into effect on (DATE), contingent upon approval by City, and Consultant shall commence work after notification to proceed by City’s Project Manager. The contract shall end on (DATE), unless extended by contract amendment.

2.2 Consultant is advised that any recommendation for contract award is not binding on City until the contract is fully executed and approved by City.

3. SERVICES CONSULTANT AGREES TO PERFORM

Consultant agrees to perform the services provided for in Appendix "A", as authorized from time to time by City in writing, in the manner provided in this Agreement. Time is of the essence in the performance of this Agreement.

4. ALLOWABLE COSTS AND PAYMENTS

4.1 As provided for in this section 4, at no time will Consultant be reimbursed for any amounts in excess of those amounts identified in the approved Cost Proposal.

4.2 The method of payment for this contract will be based on actual cost plus a fixed fee. City will reimburse Consultant for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by Consultant in performance of the work. Consultant will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved Consultant’s Cost Proposal, unless additional reimbursement is provided for by contract amendment. In no event will Consultant be reimbursed for overhead costs at a rate that exceeds City’s approved overhead rate set forth in the Cost Proposal. In the event that City determines that a change to the work from that specified in the Cost Proposal and contract is required, the contract time or actual costs reimbursable by City shall be adjusted by contract amendment to accommodate the changed

2/2015

2

work. The maximum total cost as specified in Paragraph “4.8” shall not be exceeded, unless authorized by contract amendment.

4.3 In addition to the allowable incurred costs, City will pay Consultant a fixed fee of $(AMOUNT). The fixed fee is nonadjustable for the term of the contract, except in the event of a significant change in the scope of work and such adjustment is made by contract amendment.

4.4 Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.

4.5 When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from the Project Manager before exceeding such cost estimate.

4.6 Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of Consultant’s fixed fee will be included in the monthly progress payments. If Consultant fails to submit the required deliverable items according to the schedule set forth in the Statement of Work, City shall have the right to delay payment or terminate this Contract in accordance with the provisions of Article 12 Termination.

4.7 No payment will be made prior to approval of any work, nor for any work performed prior to approval of this contract.

4.8 Consultant will be reimbursed, as promptly as fiscal procedures will permit upon receipt by City’s Project Manager, of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for in the approved Cost Proposal and shall reference this contract number and project title. Final invoice must contain the final cost and all credits due City including any equipment purchased under the provisions of Article 36 Equipment Purchase of this contract. The final invoice should be submitted within 60 calendar days after completion of Consultant’s work. Invoices shall be mailed to City’s Project Manager at the following address:

(City/NAME OF PROJECT MANAGER)

(ADDRESS)

4.9 The total amount payable by City including the fixed fee shall not exceed $(Amount).

4.10 Salary increases will be reimbursable if the new salary is within the salary range identified in the approved Cost Proposal and is approved by City’s Project Manager.

For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases which are the direct result of changes in the prevailing wage rates are reimbursable.

4.11 RETENTION OF FUNDS

a. Any subcontract entered into as a result of this Contract shall contain all of the provisions of this section.

b. No retainage will be withheld by the City from progress payments due the prime consultant. Retainage by the prime consultant or subconsultants is prohibited, and no retainage will be held by the prime consultant from progress due subconsultants. Any violation of this provision shall subject the violating prime consultant or subconsultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime consultant or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE prime consultants and subconsultants.

2/2015

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5. SUBCONTRACTING

5.1 Nothing contained in this contract or otherwise, shall create any contractual relation between City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant’s obligation to pay its subconsultant(s) is an independent obligation from City’s obligation to make payments to the Consultant.

5.2 Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by City’s Project Manager, except that which is expressly identified in the approved Cost Proposal.

5.3 Consultant shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to Consultant by City.

5.4 All subcontracts entered into as a result of this contract shall contain all the provisions stipulated in this contract to be applicable to subconsultants.

5.5 Any substitution of subconsultant(s) must be approved in writing by City’s Project Manager prior to the start of work by the subconsultant(s).

6. REPRESENTATIONS

6.1 Consultant represents that it is qualified to perform the Work and that it possesses the necessary licenses and/or permits required to perform the Work or will obtain such licenses and/or permits prior to time such licenses and/or permits are required.

6.2 Consultant represents that the Work shall be performed in a professional manner and shall conform

to the standards of practice observed on similar, successfully completed projects by specialists in the Work to be provided. Consultant agrees that, if the Work is not so performed, in addition to all of its obligations under this Agreement and at law, Consultant shall reperform or replace unsatisfactory Work at no additional expense to City.

6.3 The granting of any progress payment by City, or the receipt thereof by Consultant, or any

inspection, review, approval or oral statement by any representative of City, or State certification, shall in no way waive or limit the certification obligations in this Paragraph or lessen the liability of Consultant to reperform or replace unsatisfactory Work, including but not limited to cases where the unsatisfactory character of such work may not have been apparent or detected at the time of such payment, inspection, review or approval.

6.4 Nothing in this Paragraph shall constitute a waiver or limitation of any right or remedy, whether in

equity or at law, which City or Consultant may have under this Agreement or any applicable law. All rights and remedies of City, whether under this Agreement or other applicable law, shall be cumulative.

7. INDEMNIFICATION BY CONSULTANT

7.1 To the fullest extent permitted by law (including, without limitation, California Civil Code Sections

2782 and 2782.8), Consultant shall defend (with legal counsel reasonably acceptable to City), indemnify and hold harmless the City and its officers, agents, departments, officials, representatives and employees (collectively “Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Consultant or its Subconsultants), expense and liability of every kind, nature and description that arise out of, pertain to or relate to the negligence, recklessness, or willful misconduct of Consultant, any Subconsultant, anyone directly or indirectly employed by them, or anyone that they control (collectively “Liabilities”). Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to th

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