Equipment Replacement/Maintenance Fleet Study

Internal Finance Department General Services Division 2180 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7320 TDD: 510.981.6903 Fax: 510.981.7390 E-mail: finance@cityofberkeley.info Website: http://www.ci.berkeley.ca.us/finance REQUEST FOR PROPOSALS (RFP) Specification No. 22-11496 FOR EQUIPMENT REPLACEMENT/MAINTENANCE FLEET STUDY PROPOSALS WILL NOT BE OPENED AND READ PUBLICLY Dear Proposer: The City of Berkeley is soliciting written proposals from qualified firms or individuals to conduct a comprehensive equipment replacement/maintenance fleet study. The study will evaluate the size, make-up and use of the fleet’s vehicles, equipment and the methodology for deriving equipment maintenance and replacement costs and charging for services, and recommend and develop any procedures needed to improve the efficiency and cost-effectiveness of

the fleet program. The City desires to develop strategies that will result in the most economical use of our fleet of vehicles, while providing the best services to our community and customers. The project scope, content of proposal, and vendor selection process are summarized in the RFP (attached). Responses must be received no later than 2:00 pm, on Tuesday, May 3, 2022. Proposals are to be sent via email with “Equipment/Fleet Study” and “Specification No. 22-11496” clearly indicated in the subject line of the email. Please submit one (1) PDF of the technical proposal. Corresponding pricing proposal shall be included in the submittal as a separate document. Email Proposals To: Finance Department/General Services Division purchasing@cityofberkeley.info Responses will not be accepted after the date and time stated above. Incomplete responses that do not conform to the requirements specified herein will not be considered. Issuance of the RFP does not obligate the City to negotiate or award a contract, nor is the City liable for any costs incurred by the proposer in the preparation and submittal of responses for the subject work. The City retains the right to award all or parts of this contract to several firms or individuals, to not select any of the firms or individuals, and/or to re-solicit proposals. The act of submitting a response is a declaration that the proposer has read the RFP and understands all the requirements and conditions. For questions concerning the anticipated work, or scope of the project, please contact Kyle Bander, Assistant Management Analyst, via email at kbander@cityofberkeley.info no later than Tuesday, April 26, 2022. Answers to questions will not be provided by telephone. Rather, answers to all question or any addenda will be posted on the City of Berkeley site at http://www.cityofberkeley.info/ContentDisplay.aspx?id=7128. It is the vendor’s responsibility to visit this site. For general questions concerning the submittal process, contact purchasing at 510-981-7320. We look forward to receiving and reviewing your response. Sincerely, Darryl Sweet General Services Manager mailto:finance@cityofberkeley.info mailto:purchasing@cityofberkeley.info http://www.cityofberkeley.info/ContentDisplay.aspx?id=7128 Internal City of Berkeley Specification No. 22-11496 Page 2 of 22 Equipment Replacement/Maintenance Fleet Study Release Date 4/6/2022 I. BACKGROUND The City of Berkeley’s Public Works Department (PW) manages a fleet of 473 City vehicles, including police vehicles, fire engines, utility trucks, vactors, street sweepers, refuse trucks, and sedans, and 257 pieces of equipment, including tractor trailers, lawn mowers, generators and message boards. They provide a wide range of services, such as law enforcement, emergency response, sewer maintenance, street cleaning, garbage collection, and administrative transportation. The Equipment Maintenance Division charges a monthly equipment replacement fee, based on an estimated cost to replace the equipment at the end of its lifespan, to its customers. Equipment Maintenance also levies charges for fuel, and the specific parts and labor required to repair or perform preventative maintenance services for City owned vehicles in the form of “internal service charges.” These fees are respectively managed by Public Works in separate Equipment Replacement and Equipment Maintenance Funds. In October 2020, the department contracted with Matrix Consulting Group to identify and correct issues that led to the underfunding of the Equipment Replacement and Equipment Maintenance Funds. The consulting group developed new methodology for estimating the equipment replacement costs charged to its fleet customers, as well as, guidance on new methodology for billing fleet customers for maintenance and repair. Additionally, the department completed a study through East Bay Community Energy to assess the feasibility of transitioning the City’s fleet toward electric vehicles and to develop robust charging infrastructure by 2030. These reports are provided as attachments. The department also requires professional assistance evaluating opportunities to increase efficiency and save money on inventory, training, and repairs by standardizing, to the extent allowable and feasible manufacturers within each vehicle class. Reducing manufacturers, reduces the variety of parts and training needed for vehicles which should reduce costs. The consultant should meet with key city staff at the outset of the project to develop a project timeline, required documents and information list, and discuss other key elements and goals of the Project. Equipment/vehicles at two (2) maintenance sites, the City of Berkeley’s Corporation Yard and Transfer Station, will be reviewed. II. SCOPE OF SERVICES The consultant will perform a comprehensive analysis of the fleet and all of its current practices, policies and procedures related to vehicle replacement, usage, size, and vehicle standardization including, but not limited to: 1) Assessing the current fleet, including optimal size relative to current city/department needs, composition, age, condition, life expectancy and replacement schedules and conversions to EVs consistent with municipal fleet electrification assessment. 2) Assess all fleet units identified as reserve, backup, and/or pool vehicles if used as such versus active fleet, and make recommendations to the assignment of vehicles to active fleet or reserve status and strategies for the funding and replacement of reserve vehicles. 3) Reviewing current activities and recommending best practices for the estimating of vehicle replacement costs, procurement, and disposal of fleet assets. 4) Assessing and reviewing the updated Equipment Maintenance/Program policies and procedures and making recommendations based on best practices. 5) Evaluating operational needs for vehicles across city departments, including the feasibility of downsizing portions of the City’s vehicle fleet and using electric bicycles/scooters and/or transportation sharing services for intra-city transportation. 6) Assessing the costs and benefits of vehicle standardization and make recommendations for any appropriate integration into the City’s practices. Internal City of Berkeley Specification No. 22-11496 Page 3 of 22 Equipment Replacement/Maintenance Fleet Study Release Date 4/6/2022 7) The study will also include a use analysis of existing policy and practices surrounding when take home vehicles should be issued and how they are utilized. Terms 1) The term of the proposed contract is March 1, 2022 through February 28, 2023; and Two maintenance sites will be reviewed, the City of Berkeley’s Corporation Yard, 1326 Allston Way, Berkeley, CA and Transfer Station, 1201 Second St., Berkeley, CA Contractor will complete all services listed for the amount identified in the submitted fee schedule. III. SUBMISSION REQUIREMENTS All proposals shall include the following information, organized as separate sections of the proposal. The proposal should be concise and to the point. A. Consultant Identification: Provide the name of the firm, the firm's principal place of business (see Section VII, F. – Local Vendor Preference), the name and telephone number of the contact person and company tax identification number. B. Firm Experience: Provide a listing of projects completed by the firm within the past five (5) years involving fleet management consulting. This listing should include a brief description of each project, the location, date, and (if possible) the address and telephone number of a contact person. C. Individual Staff Experience: Provide a listing of each key staff person in the firm who will be assigned to the project and background information demonstrating their capabilities and qualifications to perform the assigned task. For each individual, provide current professional registrations, related experience, educational background, and years of experience with the team. D. Consultant Team: Provide a description of the team, the organization and its general experience, and specific experience of assigned staff. Provide a listing of similar projects of similar scope, which have been completed by members of the consultant team within the past five (5) years. This listing should include a description of each project; the location; construction cost; date; and (if possible) the clients’ name, address, and phone number of a contact person. E. Client References: Provide a minimum of five (5) client references. References should be California cities or other large public sector entities and other comparable enterprises. Provide the designated person's name, title, organization, address, telephone number, and the project(s) that were completed under that client’s direction. F. Contract Terminations: Internal City of Berkeley Specification No. 22-11496 Page 4 of 22 Equipment Replacement/Maintenance Fleet Study Release Date 4/6/2022 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. G. Budget: Demonstrate track record in meeting budgetary requirements. H. Project Organization: Provide a chart showing the names and assignments of all key personnel including an estimate of each individual’s time commitment to the project. The chart should include proposed lines of communication with City staff. Any proposed sub-consultants should be clearly identified on the chart. I. Project Understanding and Approach: This section of the proposal should include a clear description of the Consultant’s understanding of the project and state the approaches and methodologies which the consultant proposes to undertake in order to meet the stated objectives of the City. Provide a work plan with as much detail as needed to describe how the required services and scope of work will be performed. J. Quality Assurance/Quality Control (QA/QC): This section of the proposal should address any QA/QC program the proposer has established or proposes to establish and utilize throughout this project. K. Fee Schedule: This section of the proposal should include a fee schedule, with team and hourly rates, together in a separate sealed envelope. Internal City of Berkeley Specification No. 22-11496 Page 5 of 22 Equipment Replacement/Maintenance Fleet Study Release Date 4/6/2022 IV. CONSULTANT SELECTION PROCESS Evaluation will include, but is not limited to the criteria below: A. Overall quality of the response and conformance with RFQ requirements for content – 35 pts. B. Experience and demonstrated ability of the team – 35 pts. C. Price – 20 pts. D. Client References – 20 pts. Total 100 pts. After a review of the proposals from the short-listed respondents, the City may ask the proposers to make an oral presentation to answer any questions the City may have and to clarify proposals. A selection panel will be convened of staff from the Department of Public Works. The recommendation of award will be based on the respondent whose proposal represents the best overall value and is most advantageous to the city. 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. Email invoices to the accounts payable and reference the contract number” accountspayable@cityofberkeley.info If unable to email invoice, send to: City of Berkeley Accounts Payable PO Box 700 Berkeley, CA 94701 Attn: Public Works Administration Payments: The City will make every effort to make payment to the vendor within 30- days of receipt of a correct and complete invoice. mailto:accountspayable@cityofberkeley.info Internal City of Berkeley Specification No. 22-11496 Page 6 of 22 Equipment Replacement/Maintenance Fleet Study Release Date 4/6/2022 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: 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. 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. Internal City of Berkeley Specification No. 22-11496 Page 7 of 22 Equipment Replacement/Maintenance Fleet Study Release Date 4/6/2022 A certification of compliance with this ordinance will be required upon execution of a contract. The Living Wage rate is currently $16.87 (if medical benefits are provided) or $19.67 (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. 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. Internal City of Berkeley Specification No. 22-11496 Page 8 of 22 Equipment Replacement/Maintenance Fleet Study Release Date 4/6/2022 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 F. Local Vendor Preference City of Berkeley applies a local vendor preference for comparing pricing submittals in RFP responses (City Council Resolution No. 69,890-N.S.) A local business is defined as “a business firm with fixed offices or distribution points located within the City of Berkeley boundaries and listed in the Permits and License Tax Paid file, with a Berkeley business street address.” http://www.dir.ca.gov/OPRL/statistics_and_databases.html Internal City of Berkeley Specification No. 22-11496 Page 9 of 22 Equipment Replacement/Maintenance Fleet Study Release Date 4/6/2022 VIII. SCHEDULE (dates are subject to change)  Issue RFP to potential bidders: 4/6/22  Questions Due 4/26/22  Proposals due from potential bidders 5/3/22  Complete Selection Process 5/24/22  Council Approval of Contract (over $50k) 6/14/22  Award of Contract 6/15/22  Sign and Process Contract 7/8/22  Notice to proceed 7/13/22 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 Disclosure Form Attachment F • Right to Audit Form Attachment G • Insurance Endorsement Attachment H • Equal Benefits Certification of Compliance Attachment I Internal City of Berkeley Specification No. 22-11496 Page 10 of 22 Equipment Replacement/Maintenance Fleet Study Release Date 4/6/2022 ATTACHMENT A CHECKLIST  Proposal describing services and responding to RFP requirements (PDF via email)  Contractor Identification and Company Information (in the PDF)  Client References (in the PDF)  The following forms, completed and signed in blue ink (in thePDF): 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 Attachment E o Equal Benefits Disclosure Form Attachment F ADDITIONAL SUBMITTALS REQUIRED FROM SELECTED VENDOR(S) 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  Equal Benefits Ordinance Certification of Compliance (EBO-1) Attachment I  Berkeley Business License For informational purposes only: Sample of Professional Services Contract can be found on the City’s website on the current bid and proposal page at the top of the page. Internal City of Berkeley Specification No. 22-11496 Page 11 of 22 Equipment Replacement/Maintenance Fleet Study Release Date 4/6/2022 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 Internal City of Berkeley Specification No. 22-11496 Page 12 of 22 Equipment Replacement/Maintenance Fleet Study Release Date 4/6/2022 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. Attachment B (page 2) Internal City of Berkeley Specification No. 22-11496 Page 13 of 22 Equipment Replacement/Maintenance Fleet Study Release Date 4/6/2022 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: Equipment Replacement/Maintenance Fleet Study/ 22-11496 Attachment C Internal City of Berkeley Specification No. 22-11496 Page 14 of 22 Equipment Replacement/Maintenance Fleet Study Release Date 4/6/2022 CITY OF BERKELEY Oppressive States Compliance Statement for Personal Services 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.: Equipment Replacement/Maintenance Fleet Study/ 22-11496 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 Internal City of Berkeley Specification No. 22-11496 Page 15 of 22 Equipment Replacement/Maintenance Fleet Study Release Date 4/6/2022 CITY OF BERKELEY Living Wage Certification for Providers of Personal 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 Internal City of Berkeley Specification No. 22-11496 Page 16 of 22 Equipment Replacement/Maintenance Fleet Study Release Date 4/6/2022 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: Equipment Replacement/Maintenance Fleet Study/ 22-11496 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) Internal City of Berkeley Specification No. 22-11496 Page 17 of 22 Equipment Replacement/Maintenance Fleet Study Release Date 4/6/2022 CITY OF BERKELEY Equal Benefits Ordinance Disclosure Form As a condition of being awarded a contract with the City of Berkeley, the selected Contractor/Vendor (“Contractor”) may be required, during the performance of the contract, to comply with the City’s non-discrimination provisions of the Equal Benefits Ordinance (“EBO”) as set forth in Berkeley Municipal Code, Chapter 13.29. The EBO requires that during the performance of a contract, the Contractor shall provide equal benefits to its employees with spouses and employees with domestic partners. Benefits include, but are not limited to, health benefits, bereavement leave, family medical leaves, membership and membership discounts, moving expenses, retirement benefits, and travel benefits. A cash equivalent payment is permitted if an employer has taken all reasonable efforts to provide domestic partner’s with access to benefits but is unable to do so. A situation in which a cash equivalent payment might be used is if the employer has difficulty finding an insurance provider that is willing to provide domestic partner benefits The EBO is applicable to the following employers: • For-profit employers that have a contract with the City for the purchase of goods, services, public works or improvements, and other construction projects in the amount of $25,000 or more • Non-profit employers that have a contract with the City for the purchase of goods, services, public works or improvements, and other construction projects in the amount of $100,000 or more • Lessees of public property, licensees, concessionaires, and franchises that generate $350,000 or more in annual gross receipts • Entities which receive a grant agreement of $100,000 or more Contractors who are subject to the EBO must certify to the City before execution of the contract by completing form EBO-1 that they are in compliance with the EBO or have been issued a waiver by the City. Contractors must also allow authorized City representatives access to records so the City can verify compliance with the Ordinance. The EBO includes provisions that address difficulties associated with implementing procedures to comply with the EBO. Contractors can delay implementation of procedures to comply with the EBO in the following situations: (1) until the first effective date after the first open enrollment process following the contract execution date, not to exceed two years if the Contractor submits evidence of engaging in reasonable efforts to comply with the EBO; (2) until administrative steps can be taken to incorporate nondiscrimination in benefits in the contractor’s infrastructure, not to exceed three months, unless extended at the discretion of the City Manager; and (3) until the expiration of a Contractor’s current collective bargaining agreement(s) Compliance with the EBO If a Contractor has not received a waiver from complying with the EBO and the timeframe within which it can delay implementation has expired but it has failed to comply with the EBO, the Contractor may be deemed to be in material breach of the City agreement. In the event of a material breach, the City may cancel, terminate or suspend the City agreement, in whole or in part. The City also may deem the Contractor an irresponsible bidder and disqualify the Contractor from contracting with the City for a period of five years. In addition, the City may assess liquidated damages against the Contractor which may be deducted from money otherwise due the Contractor, and pursue any other remedies available at law or in equity. By my signature below, I acknowledge that the Contractor understands that to the extent it is subject to the provisions of B.M.C. Chapter 13.29, the Contractor shall comply with this provision. Printed Name: ___________________________________________Title:_______________________________________ Signature: ________________________________________________________Date:_____________________________ Business Entity: ____________________________________________________________________________________ Specification No.: Equipment Replacement/Maintenance Fleet Study/ 22-11496 Attachment F Internal City of Berkeley Specification No. 22-11496 Page 18 of 22 Equipment Replacement/Maintenance Fleet Study Release Date 4/6/2022 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:_______________________________________________________________ Contract Description/Specification No: Equipment Replacement/Maintenance Fleet Study/ 22-11496 Please direct questions regarding this form to the Auditor's Office, at (510) 981-6750. Attachment G Internal City of Berkeley Specification No. 22-11496 Page 19 of 22 Equipment Replacement/Maintenance Fleet Study Release Date 4/6/2022 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 Sean Rose, Manager of Engineering, Department of Public Works, 1947 Center street, 4th Floor, Berkeley, CA. 94704 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 Contract Description/Specification No: Equipment Replacement/Maintenance Fleet Study/ 22-11496 Internal City of Berkeley Specification No. 22-11496 Page 20 of 22 Equipment Replacement/Maintenance Fleet Study Release Date 4/6/2022 Attachment H Internal City of Berkeley Specification No. 22-11496 Page 21 of 22 Equipment Replacement/Maintenance Fleet Study Release Date 4/6/2022 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 Internal City of Berkeley Specification No. 22-11496 Page 22 of 22 Equipment Replacement/Maintenance Fleet Study Release Date 4/6/2022 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 I