Oakland Street Lighting Conversion Project - Navigator

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SAMPLEPROFESSIONAL OR SPECIALIZED SERVICE AGREEMENTBETWEEN THE CITY OF OAKLANDANDName of ContractorWhereas, the City Council has authorized the City Administrator to enter into contracts for professionalor specialized services if the mandates of Oakland City Charter Section 902(e) have been met.Now therefore the parties to this Agreement covenant as follows:1. Parties and Effective DateThis Agreement is made and entered into as of Month, Date, Year between the City ofOakland, a municipal corporation, (“City”), One Frank H. Ogawa Plaza, Oakland, California94612, and Name of Contractor (“Contractor”)2. Scope of ServicesContractor agrees to perform the services specified in Schedule A, Scope of Servicesattached to this Agreement and incorporated herein by reference. Contractor shall designatean individual who shall be responsible for communications with the City for the duration ofthis Agreement. Schedule A includes the manner of payment. The Project Manager for theCity shall be Project Manager Name.3. Time of PerformanceContractor’s services shall begin on Month, Date, Year and shall be completed Month, Date,Year.4. Compensation and Method of PaymentContractor will be paid for performance of the scope of services an amount that will be basedupon actual costs but that will be “Capped” so as not to exceed $Amount, based upon the scopeof services in Schedule A and the budget by deliverable task and billing rates in Schedule B.The maximum that will be charged for the entire scope of work will not exceed the Cappedamount, even if the Contractor’s actual costs exceed the Capped amount. Invoices shall state adescription of the deliverable completed and the amount due. Payment will be due uponcompletion and acceptance of the deliverables as specified in the Scope of Services.Project Name Page 1 of 24 Rev. 05/31/ 2012
In the aggregate, progress payments will not exceed ninety percent (90%) of the total amountof the contract, with the balance to be paid upon satisfactory completion of the contract.Progress, or other payments, will be based on at least equivalent services rendered, and willnot be made in advance of services rendered.In computing the amount of any progress payment (this includes any partial payment of thecontract price during the progress of the work, even though the work is broken down intoclearly identifiable stages, or separate tasks), the City will determine the amount that thecontractor has earned during the period for which payment is being made, on the basis of thecontract terms. The City will retain out of such earnings an amount at least equal to tenpercent (10%), pending satisfactory completion of the entire contract.5. Independent Contractora. Rights and ResponsibilitiesIt is expressly agreed that in the performance of the services necessary to carry out thisAgreement, Contractor shall be, and is, an independent contractor, and is not anemployee of the City. Contractor has and shall retain the right to exercise full controland supervision of the services, and full control over the employment, direction,compensation and discharge of all persons assisting Contractor in the performance ofContractor’s services hereunder. Contractor shall be solely responsible for all mattersrelating to the payment of his/her employees, including compliance with social security,withholding and all other regulations governing such matters, and shall be solelyresponsible for Contractor's own acts and those of Contractor’s subordinates andemployees. Contractor will determine the method, details and means of performing theservices described in Schedule A.b. Contractor’s QualificationsContractor represents that Contractor has the qualifications and skills necessary toperform the services under this Agreement in a competent and professional mannerwithout the advice or direction of The City. The Contractor warrants that theContractor, and the Contractor’s employees and sub-consultants are properlylicensed, registered, and/or certified as may be required under any applicable federal,state and local laws, statutes, ordinances, rules and regulations relating toContractor’s performance of the Services. All Services provided pursuant to thisAgreement shall comply with all applicable laws and regulations. Contractor willpromptly advise City of any change in the applicable laws, regulations, or otherconditions that may affect City’s program. This means Contractor is able to fulfill therequirements of this Agreement. Failure to perform all of the services required underthis Agreement will constitute a material breach of the Agreement and may be cause fortermination of the Agreement. Contractor has complete and sole discretion for theProject Name Page 2 of 24 Rev. 05/31/ 2012
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City of OaklandDeanna Santana, City
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I. REQUEST FOR PROPOSALS SUMMARYPro
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6. Capture of Savings. Document sav
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c. The PG&E Street Lights Data Base
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1.11 IESNA LM-79-08 - IESNA Approve
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3.4.8 Hinged access doors, capable
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2. There will be a monthly evaluati
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i. Project name and location.ii. Br
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a. Requirement - For this contract,
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workforce on Non-Construction Contr
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accordance with the Consultant Perf
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ecome the long term debt to be repa
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under the Public Records Act or Sun
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Print FormSCHEDULE EPROJECT CONSULT
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SCHEDULE OCONTRACTOR ACKNOWLEDGEMEN
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APPENDIX BCITY OF OAKLANDPUBLIC WOR
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APPENDIX Bset forth under the "Tota
Page 35 and 36: APPENDIX Bconstruction, the Enginee
Page 37 and 38: APPENDIX Bthe request is timely, fu
Page 39 and 40: APPENDIX Bused at the site of the e
Page 41 and 42: APPENDIX Bc. Direct equipment. The
Page 43 and 44: APPENDIX Bremove and dispose of the
Page 45 and 46: APPENDIX Bsafety, traffic, and prot
Page 47 and 48: APPENDIX BLiquidated damages shall
Page 49 and 50: APPENDIX Bprovided by the Resident
Page 51 and 52: APPENDIX Barea or shall be discharg
Page 53 and 54: APPENDIX BNothing specified herein
Page 55 and 56: APPENDIX BHazard Communication and
Page 57 and 58: APPENDIX BREPLACE SUBSECTION 7-11 W
Page 59 and 60: APPENDIX Bto subcontractors/ subcon
Page 61 and 62: APPENDIX BPART 2 - CONSTRUCTION MAT
Page 63 and 64: APPENDIX BOpen trench is performed
Page 65 and 66: APPENDIX BThe conduit runs shall be
Page 67 and 68: APPENDIX BADD NEW SUBSECTION 307-14
Page 69 and 70: APPENDIX BATTACHMENTSNo. Attachment
Page 71 and 72: APPENDIX BCONTR SUPPL Electrical Co
Page 73 and 74: APPENDIX BAttachment No. 3MATERIAL
Page 75 and 76: APPENDIX BAttachment 5As-Built Plan
Page 77 and 78: APPENDIX BAttachment 8: LIMITED OPE
Page 79 and 80: APPENDIX BContractor certifies that
Page 81 and 82: APPENDIX Bf. Proof of InsuranceCont
Page 83 and 84: APPENDIX BThe Contractor certifies
Page 85: APPENDIX Bdeductible or self-insure
Page 89 and 90: 7. Ownership of ResultsAny interest
Page 91 and 92: 15. Indemnificationa. Notwithstandi
Page 93 and 94: Disputed late payments are subject
Page 95 and 96: iii.iv.Contractor shall immediately
Page 97 and 98: origin, Acquired-Immune Deficiency
Page 99 and 100: j. In the use of such recruitment,
Page 101 and 102: deposited in the treasury or out of
Page 103 and 104: (City of Oakland)Agency/DepartmentA
Page 105 and 106: Department Head(Please Print Name o
Page 107: EXHIBIT B - Billing Rates(insert bi
Page 127 and 128: APPENDIX JAPPLICATION-BASED MATERIA
Page 133 and 134: EPA: Maximum effective projected ar
Page 135 and 136: CITY OF OAKLANDPROJECT DELIVERY DIV
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Schedule L1All Questions rated at
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