REQUEST FOR PROPOSALS


Marina, Coastal and Civil Engineering Support Services
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REQUEST FOR PROPOSALS

  1. 1. REQUEST FOR PROPOSALS Marina, Coastal and Civil Engineering Support Services For The San Francisco Marina Yacht Harbor, West Harbor Renovation Project NOVEMBER 2008
  2. 2. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department TABLE OF CONTENTS DESCRIPTION PAGE Table of Contents .......................................................................................... 1 Websites and Contact Information ................................................................. 3 Announcement ............................................................................................... 5 SECTION 1.0 Introduction .................................................................................................... 6 2.0 Background and Purpose .............................................................................. 6 3.0 Tentative Schedule for RFP ........................................................................... 8 4.0 Scope of Services .......................................................................................... 8 5.0 Technical Qualifications ................................................................................. 12 6.0 Proposal Submission .................................................................................... 13 7.0 Contents of RFP Submittal ............................................................................ 15 8.0 Selection Process .......................................................................................... 17 9.0 Terms and Conditions for Receipt of Proposals .......................................... 19 Errors and Omissions of RFP Inquiries Regarding RFP Objections to RFP Terms Financial Responsibility Proposer’s Obligations under the Campaign Reform Ordinance (CRO) Sunshine Ordinance Reservation of Rights by the City Provision of Equal Benefits Local Business Enterprises (LBE) Goals RFP #1 RPD Marina 2008 Page 1
  3. 3. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department SECTION PAGE 10.0 Contract Requirements ........................................................................... 25 Insurance Insurance and Other Requirements for Joint Venture Partnerships . Indemnification Conflict of Interest Business Tax Registration Compliance w/ the Americans w/ Disabilities Act Prohibition on Political Activity with City Funds Earned Income Credit (EIC) Forms Debarment and Suspension Certification Chapter 12P – Minimum Compensation Ordinance (MCO) Chapter 12Q – Health Care Accountability Ordinance (HCAO) First Source Hiring Program (FSHP) 11.0 Protest Procedures ......................................................................................... 29 APPENDICES Appendix A – RFP Proposal Submittal Evaluation Appendix B – Fee Schedule Appendix C – HRC Attachment 2 and Forms Form 2A - HRC Contract Participation Form Form 2B - HRC “Good Faith Outreach” Requirement Form Form 3 - HRC Non-Discrimination Affidavit Form 4 - HRC Joint Venture Form (if applicable) Form 5 - HRC Employment Form Appendix D – Declaration and Certification Forms Certification of Proposer Regarding Debarment and Suspension Form(s) Certification of Subcontractor, Lower Tier Subcontractor or Supplier Regarding Debarment and Suspension Form(s) 12P Minimum Compensation Ordinance (MCO) Declaration Form 12Q Health Care Accountability Ordinance (HCAO) Declaration Form First Source Hiring Program (FSHP) Declaration Form Chapter 12B Compliance Certification Form Appendix E – Standard Consultant Contract RFP #1 RPD Marina 2008 Page 2
  4. 4. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department WEBSITES AND CONTACT INFORMATION Website or Email Address For Contact No. Comments http://mission.sfgov.org/OCABidPublication/ Bids and Contract Click on Bids & Contract Database then CCSF - Listings Click on Consultants and Professional Services (T) 415-581-2575 Mary.Hobson@sfgov.org RPD Contract Manager (F) 415-581-2540 Contract (T) 415-252-2512 Bayard.Fong@sfgov.org HRC Compliance (F) 415-431-5764 Officer (T) 415-831-2779 RPD Contract Sean.McFadden@sfgov.org RPD (F) 415-668-3330 Administration Risk Elizabeth.Fitzgerald@sfgov.org (T) 415-554-6278 CCSF Management Department of Administrative Services (F) 415-554-6168 Program http://www.sfgov.org/site/sfhumanrights_index.asp HRC (T) 415-252-2500 HRC Home Page http://sfgov.org/site/uploadedfiles/sfhumanrights/di List of HRC - rectory/vlistS_1.htm Certified LBEs Equal Benefits (T) 415-252-2500 Equal Benefits Unit Compliance HRC (F) 415-431-5764 Officer http://www.sfgov.org/site/sfhumanrights_index.asp Equal Benefits HRC - ?id=4584 Information http://www.sfgov.org/site/sfhumanrights_page.asp Equal Benefits HRC - ?id=5902#resources Compliance Forms Equal Benefits http://www.sfgov.org/site/sfhumanrights_page.asp HRC (T) 415-252-2500 Resource ?id=5902#resources Materials Purchasing Dept http://www.sfgov.org/site/oca_index.asp?id=26507 CCSF - Forms Center http://www.municode.com/Resources/ClientCode_ CCSF - Codes List.asp?cn=San%20Francisco&sid=5&cid=4201 Department of http://www.dir.ca.gov/dlsr/PWD/index.htm CCSF - Industrial Relations http://www.sfgov.org/site/treasurer_index.asp?id= CCSF (T) 415-554-4426 Tax Collector 8115 Minimum http://www.sfgov.org/site/olse_index.asp (T) 415-554-6269 Compensation CCSF Ordinance (MCO) Health Care http://www.sfgov.org/site/olse_index.asp Accountability CCSF - Ordinance (HCAO) RFP #1 RPD Marina 2008 Page 3
  5. 5. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department WEBSITES AND CONTACT INFORMATION (Continued) Website or Email Address For Contact No. Comments First Source Hiring Administrator: James Whelly First Source http://www.sfgov.org/site/frame.asp?u=http://www. CCSF (T) 415-401-4960 Hiring Program sfhsa.org/ (FSHP) San Francisco http://www.sfgov.org/site/ethics_index.asp CCSF (T) 415-581-2300 Ethics Commission RPD General http://parks.sfgov.org/site/recpark_index.asp RPD Information http://parks.sfgov.org/site/recpark_page.asp?id=1 SF Marina Yacht RPD 8028 Harbor Abbreviations: RPD Recreation and Parks Department CCSF – City and County of San Francisco REC - Ethics Commission HRC – Human Rights Commission SF – San Francisco (F) - Fax (T) - Telephone RFP #1 RPD Marina 2008 Page 4
  6. 6. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department ANNOUNCEMENT The San Francisco Recreation and Parks Department (RPD) intends to perform dredging and renovation of the San Francisco Marina Yacht Harbor, West Basin facilities (the "Project"). RPD seeks to perform the Project through a design-build contract. By this Request for Proposals, RPD seeks qualified consultants interested in (a) developing a Criteria Package (preliminary engineering plans and specifications) to be used as the basis for design-build services to develop the Project and (b) providing consultant services to the City during the final design and construction of the Project. If necessary, RPD will issue proposal due date changes by addendum and will post current date for receiving proposals on the Bids and Contracts page at the City's website address: http://mission.sfgov.org/OCABidPublication/. The scope of services shall focus on marine engineering technical specialties required for the design, dredge and construction of a recreational marina located in a sensitive marine environment. Consultants shall submit seven (7) copies of their proposals as specified in the Request for Proposals (RFP) package by 4:00 PM, December 5, 2008. LATE SUBMITTALS WILL NOT BE CONSIDERED. The RFP package, hard copy or in pdf format, can be obtained at no charge by contacting Mary Hobson at (415) 581-2575. Questions regarding the RFP must be submitted in writing to Mary Hobson at FAX# 415-581- 2540 or email at Mary.Hobson@sfgov.org between November 4, 2008 and November 17, 2008. The City & County of San Francisco has a Local Business Enterprise Program and all qualified firms are encouraged to submit proposals. Proposers are requested to engage in good faith efforts to include 13% local certified Local Business Enterprise (LBE) participation. A Pre-Proposal Conference will be held November 12, 2008 at 1:30 pm at the Recreation and Park Department’s Capital Improvement Division offices located at 30 Van Ness Avenue, 5th floor, San Francisco, California. A site tour will be held immediately following the meeting. Attendance at the pre-proposal conference is a required step in the HRC good faith outreach process. In accordance with San Francisco Administrative Code Chapter 6, no proposal is accepted and no contract in excess of $114,000 is awarded by the City and County of San Francisco until such time as the Recreation and Park Commission awards a contract. Pursuant to Charter Section 3.105, all contract awards are subject to certification by the Controller as to the availability of funds. RFP #1 RPD Marina 2008 Page 5
  7. 7. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department SECTION 1.0 INTRODUCTION This Request for Proposal (RFP) seeks qualified consultants interested in providing preliminary design services for marina, coastal and general civil engineering, dredge design and consulting support services for the renovation of the San Francisco Marina Yacht Harbor, West Basin facilities through a separate design-build contractor. The City of San Francisco, acting through its Recreation and Park Department, seeks to engage the services of a professional Design Team to provide community outreach, preliminary engineering, preliminary design, dredge management, and consulting services during the final design and construction for the rehabilitation of the San Francisco Marina West Basin. The detailed design and construction of the project will be completed through a separate design-build contract. Construction is anticipated to occur between July of 2010 and June of 2012. The Design Team receiving award of an agreement as a result of this RFP may not participate in the design-build contract but will remain a consultant to the City throughout the design-build process. SECTION 2.0 BACKGROUND AND PURPOSE The San Francisco Marina Yacht Harbor and adjacent Marina Green are owned by the City and County of San Francisco. The San Francisco Recreation and Park Department has jurisdictional control of these properties, and is responsible for their management, operation and maintenance. The Marina Yacht Harbor (MYH) is located in Supervisory District 2, on San Francisco’s northern waterfront. It is bounded by Marina Boulevard to the south, Laguna Street to the east, Lyon Street to the west, and San Francisco Bay to the north. The marina consists of two harbors: the East Harbor, also known as Gashouse Cove, and the West Harbor. The MYH West Harbor is generally bounded by Marina Boulevard and the western end of the Marina Green to the south, Yacht Road and the outer jetty to the north, the harbor entrance to San Francisco Bay to the east, and Yacht Road to the west. The West Harbor covers about 1,100,000 square feet of water area (25.25 acres) in two basins: and inner basin and an outer basin. Within the two basins the marina provides gates, gangways, docks and slips to accommodate 326 boats. The West Harbor landside facilities include the Harbor Office Building (which also houses a public restroom and tenant showers), parking areas, paths and landscaping. Located between the East and West Harbors is the former U.S. Navy Degaussing Station. Adjacent to the West Harbor project area are the Marina Green Park and its facilities, the St. Francisco and Golden Gate Yacht Clubs, a miniature lighthouse, and the wave organ at the tip of the north jetty, and the San Francisco Public Utilities Commission (SFPUC) pump station which is currently used by RPD as a maintenance building to support marina operations. Project Components: The San Francisco Marina Yacht Harbor, West Harbor Renovation Project (the project) consists of renovations to select marina facilities located within, and serving the West Harbor. The RFP #1 RPD Marina 2008 Page 6
  8. 8. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department project does not include any improvements to the St. Francis or Golden Gate Yacht Clubs, the lighthouse, the Marina Green and its facilities, or the SFPUC pump station. Water-side marina renovations proposed under this project include: 1. The removal of two existing breakwater segments (moles) and the construction of two new breakwater segments; 2. Maintenance dredging of approximately 180,000 cubic yards of material; 3. The reconstruction of portions of the degraded rip-rap slopes around the interior shorelines; 4. The replacement and reconfiguration of the gates, gangways, docks and floating slips to accommodate a target of 325 boats. 5. Installation of upgraded electrical, water and telephone service, a new fire suppression system, and new security lighting service on all docks; 6. The constriction of a guest dock and hand boat launch; and 7. The construction of a new oily water and sewage pump-out facility. Land-side project improvements under this project include: 1. The renovation of the existing Harbor Office building public restrooms and conversion of 400 square feet of existing office space into tenant showers and restrooms; 2. The renovation of an existing former Degaussing Station (now vacant) for use as the new Harbor Office; 3. Modifications to the West Harbor parking lot to provide controlled access; and associated site access and landscape upgrades. The purpose of this Request for Proposal is to secure the services of engineering firms with marina and coastal engineering expertise that can deliver a Criteria Package for the waterside improvements described above, which RPD intends will be performed under separate contract by a design-builder. Landside improvement designs will be prepared by the CCSF Department of Public Works (DPW). The engineering firms selected under this RFP will be required to coordinate their work with that of DPW to deliver a consolidated design package for contracting and construction purposes. The San Francisco Marina Renovation project completed CEQA review in January 2007. Details of the approved project, environmental impacts and public comments are contained in the Final Environmental Impact Report (EIR), San Francisco City Planning Case. Number 2002.1129E; State Clearing House No 2003122131. The EIR, approved BCDC and Army Corps of Engineers dredge permits, and other related marina renovation documents are available for review and down loading at: http://www.parks.sfgov.org/site/recpark_page.asp?id=18028 RFP #1 RPD Marina 2008 Page 7
  9. 9. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department Pre-Proposal Conference A Pre-Proposal Conference will be held November 12, 2008 at 1:30 pm at the Recreation and Park Department’s Capital Improvement Division offices located at 30 Van Ness Avenue, 5th floor, San Francisco, California. An site tour will be held immediately following the meeting. At the pre-proposal conference, City staff will review the provisions of this request for proposals, and the requirements of the Local Business Enterprise (LBE) participation. Attendance at the pre-proposal conference is a required step in the HRC good faith outreach process. There will also be an opportunity for questions and answers. Questions from interested proposers will be addressed at this conference and any new applicable information will be provided at that time. Questions raised at the pre-proposal conference may be answered orally. If any substantive new information is provided in response to questions raised at the pre- proposal conference or in the course of the site tour, it will be memorialized in a written addendum to this RFP and distributed to all parties that bought a copy of the RFP. SECTION 3.0 TENTATIVE SCHEDULE FOR RFP A tentative schedule of events for the submittal and evaluation of Proposals is as follows. RFP recipients will be notified of any changes to this schedule. RFP advertised and published Tuesday November 4, 2008 Pre-Proposal Conference Wednesday November 12, 2008 Deadline for written questions Monday November 17, 2008 Issue responses to questions Wednesday November 19, 2008 Receive proposals no later than 4:00 pm local time Friday December 5, 2008 Notify candidates selected for interviews Friday December 19, 2008 Interviews Friday January 9, 2009 Notify successful candidates Thursday January 15, 2009 Complete agreement negotiations Thursday January 29, 2009 RPD COMMISSION Award Tuesday February 19, 2009 Agreement certification/Notice of Award Thursday March 5, 2009 SECTION 4.0 SCOPE OF SERVICES General Scope of Technical Services: RFP #1 RPD Marina 2008 Page 8
  10. 10. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department The Consultant will be required to: conduct site assessments and prepare project development reports; prepare preliminary engineering; prepare conceptual construction plans, details and specifications for the design build Criteria Package prepare cost estimates; prepare dredging plans and specifications; and provide support during the design-build process. These services shall be provided either by direct assignment of Consultant’s personnel or through approved Subconsultants. The Consultant will be required to attend coordination meetings with City personnel and community groups; facilitate public participation in the project design process; make presentations to various City Agencies, Boards and Commissions; prepare preliminary plans and support the city on negotiating and obtaining regulatory agency review and approval and provide design development plans and specifications Examples of the various types of services include, but are not limited to the following: 1. Preliminary architectural and engineering design of dock and dock utility systems; 2. Geotechnical studies required for the design and construction of breakwaters; 3. Site assessment, alternative analysis and project development; 4. Regulatory agency permitting; 5. Dredging plans and specifications; 6. Compilation and evaluation of coastal engineering studies reports and evaluations; and 7. Cost estimating and project scheduling scenarios to determine most cost and time efficient methods that keep the marina operational for the boating community. 8. Preparation of work scope for construction management services. 9. Preparation of an outreach and communication plan, including the facilitation of a comprehensive public review process. Required experience includes, but is not limited to the following: 1. Experience designing recreational marina facilities, breakwaters, and/or piers in San Francisco Bay or elsewhere; 2. Experience in conducting storm wave analysis of high-energy seasonal events; 3. Experience in working with regulatory agencies; U.S. Army Corps of Engineers, San Francisco Regional Water Quality Control Board, and Bay Conservation and Development Commission; 4. Experience in negotiating with Federal, State, Regional, and Local agencies pertaining to additional studies for coastal environments; 5. Experience in surveying using GPS; 6. Experience working on public projects; RFP #1 RPD Marina 2008 Page 9
  11. 11. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department 7. Phased construction of marina renovations and 8. Managing Dredging contracts. 9. Experience managing a public process with multiple project stakeholders. Detailed Work Scope This Scope of Work includes professional design and consulting services during construction to be delivered over the course of four project delivery phases: Phase 1, Pre-bid Phase: Engineering and Bid Preparation; Phase 2, Pre-Construction Phase: Peer Review; Phase 3, Construction Phase: Consultation During Construction; and Post-Construction Phase: Consultation Post-Construction. A. Phase 1 - Pre-Bid Phase: Preliminary Engineering and Criteria Package Development The tasks required of the consultant during the pre-bid phase of the projects shall include, but not be limited to, the following: 1. Facilitate project design and layout of project elements; 2. Generate graphics and coordinate a community outreach program; 3. Perform conceptual analysis of the project dredging needs, including potential solutions and preliminary costs; 4. Perform conceptual analysis of the project seawall repair needs, including potential solutions and preliminary costs; 5. Perform preliminary analysis of break water design solutions; 6. Perform preliminary analysis of the project utility needs; 7. Obtain regulatory permits from the Army Corps of Engineers, Bay conservation and Development Commission, Regional Water Quality Control Board and other identified permitting agencies; 8. Prepare plans and specifications for Marina dredge based on BCDC and Army Corps of Engineering permit guidelines. 9. Prepare construction phasing evaluation that allow the Marina to operate during construction; 10. Prepare a cost estimate and schedule; 11. Prepare the design-build Request for Proposals; 12. Assist the City with the evaluation of the responses and the selecting the design-build team; and RFP #1 RPD Marina 2008 Page 10
  12. 12. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department B. Phase 2 - Pre-Construction Phase: Project Oversight/Peer Review Once the Recreation and Park Commission awards a design-build contract, the Consultant shall perform services which shall include, but not be limited to, the following: 1. Attend the City’s meetings with the design-build team; 2. Arrange a partnering session for the pertinent parties if deemed necessary; 3. Review the design-build contract between the City and the contractor; 4. Review the Design Development and Construction Documents prepared by the design- builder for consistency with the intent of the preliminary design and validate constructability impact. 5. Advise the City and design-build team on the needs for permits, licenses, and bonds, and assist City staff with acquiring such; 6. Assist City staff in reviewing the design-build schedule; 7. Assist City staff in project budget analyses; 8. Assist the City in developing policies and procedures necessary for maintaining an operating marina during the construction; and 9. Implement an information management system for use by the consultant and the City during the construction phase of the projects. C. Phase 3 - Construction Phase: Consultation The tasks required of the consultant during the construction phase of the projects shall include, but not be limited to, the following: 1. Attends and represents the City at construction meetings 2. Advises the harbor master in coordinating boat relocations to maintain an operating marina during construction. 3. Review design build team schedules and coordinate notifications to boaters and the community. 4. Review material substitutions and design changes and advise on consistency with performance specifications. D. City Responsibilities 1. Provide project management through an assigned Project Manger as designated by Recreation and Parks Department. This Project Manager will be the City's representative for purposes of the Project. RFP #1 RPD Marina 2008 Page 11
  13. 13. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department 2. Provide or make available upon request, reports, drawings, documents, GIS land base maps, records and other data deemed useful for project development; 3. Administer contracts. 4. Provide coordination to avoid interfering with other City construction projects and/or major events. E. Miscellaneous 1. Drawing preparations shall be preformed using the latest version of AutoCAD, in the home office of the Consultant. 2. All plans, specifications and other documents prepared by the Consultant on behalf of the City shall become the sole property of the City of San Francisco and shall be provided in hard copy and/or electronic version upon request F. Rendering of Services 1. All drafting work shall be drawn on City-furnished template. Construction documents shall be drawn in AutoCAD and conform to the City’s design and drafting standards. All electronically prepared files shall be come the property of the City of San Francisco. 2. All GPS and survey information are to be referenced to the California State Plane Coordinate System, Zone III. The coordinate units shall be in feet. The datum used shall be North American Datum 1983. 3. A valid stamp with an expiration date of a Civil Engineer registered in California from the primes and sub-consultant shall appear on all reports and plans are required by the City. SECTION 5.0 TECHNICAL QUALIFICATIONS A. Prime Consultant and Joint Venture (JV) Partners Qualifications 1. Any Joint Venture (JV) responding to this RFP must clearly identify the lead Consultant (referred to hereafter as the Lead JV Partner). Additional administrative responsibilities and duties may be required of the Lead JV Partner. 2. The Prime Consultant or JV Partners must either individually, or collectively, demonstrate relevant expertise to successfully perform their role and responsibilities in the scope of services described in the RFP. 3. To qualify as a Prime Consultant or Lead JV Partner for this RFP, a Consultant must possess a minimum of fifteen (15) years experience that demonstrates the capability to provide professional marine and marina engineering services and acted as the prime consultant on the a renovation and new construction of a minimum 300 berth marina facility RFP #1 RPD Marina 2008 Page 12
  14. 14. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department 4. To qualify as a Non-Leading JV Partner for this RFP, a Consultant (in this case the Principal) must possess a minimum of ten (10) years experience that demonstrates the capability to provide professional coastal engineering services and worked on a renovation and new construction of at least a 200 berth marina facility. B. Sub-consultant Qualifications 1. To qualify as a Sub-consultant that will provide technical services described in this RFP, the Sub-consultant(s) must possess a minimum of five (5) years experience in one or more technical fields required under the scope of services. If a sub-consultant will act as the Lead Civil Engineer on the Project, that individual shall meet the key/lead personnel qualifications in Paragraph C below. 2. Professional Engineers assigned to work must maintain current California registration. 3. Non-technical Sub-consultants (i.e. reprographics) are not required to meet the above Sub-consultant qualifications. However, cost estimators assigned to work must maintain American Society of Professional Estimators certification and/or American Association of Cost Engineers certification. C. Key/Lead Personnel Qualifications 1. To qualify as a Lead Civil Engineer for performing the services under this RFP, an individual must possess the following: a. A minimum of ten (10) years of experience performing marina design and marine design engineering work, and have served as the lead designer of at least one 300+ berth recreation marina facility. b. Current registration as a licensed Civil Engineer in the State of California. c. Knowledge of current local, State, and Federal regulations governing design, construction, contracting, environmental, and safety measures. d. Knowledge of current and anticipative regulatory requirements of designing marinas in San Francisco Bay. e. Experience in at least three (3) relevant, verifiable projects involving the construction and/or renovation of a recreational marina. f. Experience on physical modeling work for the design of breakwaters; SECTION 6 PROPOSAL SUBMISSION The standard consultant contract form is attached as Appendix E. Submission of a response to this RFP indicates acceptance by the Consultant of the standard contract. Submit Proposals to the Contract Manager before the date and time submittals are required as specified inn the Announcement for this RFP. Late Proposals will not be accepted. The time of the submittal deadline will be determined by the telephone Time Announcement Service: (415) 767-8900, or other official time sources. Postmarks will not qualify as delivery and Proposals submitted by fax or in electronic format will not be accepted. RFP #1 RPD Marina 2008 Page 13
  15. 15. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department Submit proposals to: Mary Hobson, Contract Manager City and County Parks and Recreation Department 30 Van Ness Avenue, 5th Floor San Francisco, CA 94102 Envelopes must be marked: “Marina, Coastal and Civil Engineering Services For The San Francisco Marina West Basin Renovation” Proposals shall be submitted as follows: 1. Submit seven sets of bound Proposals, one original signed copy and six extra copies. Refer to Section 7 of this RFP for contents of the Proposal. The cover of the Proposal must include the title and number of this RFP, and the name of the Consultant. 2. Submit one copy of the Fee Schedule in a separate and sealed envelope. The sealed envelope shall be titled “FEE SCHEDULE FOR RFP #1 RPD Marina -2008” and include the name of the Consultant. Refer to Appendix B. 3. Submit one original and two copies of all required HRC forms separately in a sealed envelope. The sealed envelope shall be titled “HRC FORMS FOR RFP #1 RPD Marina - 2008” and include the name of the Consultant. Refer to Appendix C. Double-sided printing on recycled or recyclable white paper and 11-point font is encouraged. The City shall disqualify any Proposal as non-responsive for the following reasons: 1. The RFP submittal does not contain the information required as specified under Section 7.0. 2. The Proposal fails to meet the specified LBE goals and fails to submit documented good faith outreach as indicated in Section 9.0, Paragraph I below. 3. The Proposal does not contain the required HRC forms, Fee Schedule is missing, and Forms listed in the Appendices are incomplete. 4. Acceptance of the Proposal would violate applicable City and County of San Francisco Codes and Ordinances or other State or Federal laws. Question regarding this RFP shall be submitted to the Contract Manager by the deadline date specified in the Announcement for this RFP. Mary Hobson (415) 581-2575 mary.hobson@sfgov.org RFP #1 RPD Marina 2008 Page 14
  16. 16. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department SECTION 7.0 CONTENTS OF RFP SUBMITTAL A. RFP Proposal: The RFP Proposal Submittal shall include the required information in the order specified below. 1. Cover Letter (Limit to One Page) A letter summarizing the team’s qualifications and approach for providing services, as it relates to key points of the RFP response. 2. Technical Qualifications (Limit to 10 Pages) Provide Technical Qualifications including the following information: a. The full name and address of the prime consultant, or each joint venture partner consultant (if the prime is a joint venture). Provide the name, phone numbers, and email addresses of two designated contact persons representing the prime consultant or each joint venture partner consultant (if the prime is a joint venture). Describe services that the prime consultant or each joint venture partner consultant (if the prime is a joint venture) can provide which are relevant to this RFP. b. The full name and address of all sub-consultants. Provide the name, phone number, and email address of one designated contact person representing each sub- consultant firm. Describe services that each sub-consultant can provide which are relevant to this RFP. c. Provide all information necessary to substantiate compliance with the Qualifications specified in Section 5.0 of this RFP. Provide information of relevant projects performed by the Prime Consultant or each of the joint venture partner consultant, including the project name, location, size, use, date of completion (anticipated or actual) and construction cost (anticipated or actual). Provide a brief description of the project and owner(s). Include drawings or photos, if available, in the Appendix. d. Provide references for relevant projects listed in subparagraph 3 above. List of references shall include owner(s) or, if an owner is no longer reachable, another person who can verify the involvement of the subject firm on the relevant projects listed. Include the full name, title, firm, address, phone number, email address, and a brief description of involvement with the listed project of all references. The City reserves the right to check any, all, or none of the references submitted. 3. Team Qualification And Experience (Limit to 15 Pages) RFP #1 RPD Marina 2008 Page 15
  17. 17. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department This section shall describe the candidate’s team organization, management structure and processes, and additional experience. This section forms the basis of the scored Written Submittal Evaluation Form, Appendix A, which will be used to short-list firms for interview purposes. The following information shall be included in a format and arrangement determined by the candidate, in conformance with the page size limitations of this Section. a. Describe the roles and responsibilities of the prime consultant. If the prime is a joint venture, describe the roles and responsibilities of each joint venture partner. Describe how the workload might be organized, divided or assigned. Demonstrate that there are no overlaps or gaps in services. b. Describe the proposed team structure and the role of key sub-consultants. Indicate if this team or portions of the team have worked together before or if any sub- consultants have a track record of successful projects with the prime. Indicate whether firm/joint venture or sub-consultants have worked successfully in conjunction with staff of the City or any other government entity to deliver design services. c. Describe the team’s project management, quality assurance / quality control, cost control, and change management policies, procedures, and applications. Provide a list 3 projects that show or exhibit how you following your QAQC procedure. d. List the full name and discipline of key personnel who will be principally involved for a majority of their time in the contract. “Key personnel” is defined as anyone leading a design discipline, the project manager or principal in charge, or committed to the Contract at least 15% of the time on the firm’s behalf. Include full name, firm name, discipline and proposed roles and responsibilities in the team. Describe the experience and qualifications of all key personnel listed. Resumes may be included in appendices. 4. Appendices (No Page Limit) a. Resumes b. Project drawings or photos, if applicable. c. Certification and declaration forms to be completed both by the Prime and/or Joint Venture Partner. Refer to Appendix D. • Certification of Bidder Regarding Debarment and Suspension Form • Minimum Compensation Ordinance Declaration Form(s) • Health Care Accountability Ordinance Declaration Form(s) • First Source Hiring Program Certification Form(s) • Chapter 12B Compliance Certification Form d. Certification and declaration forms to be completed by the Sub-consultant(s). Refer to Appendix D. • Certification of Subcontractor, Lower-Tier Subcontractor or Supplier Regarding Debarment and Suspension Form RFP #1 RPD Marina 2008 Page 16
  18. 18. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department 5. Fee Schedule Submit one copy of the Fee Schedule in a separate and sealed envelope. The sealed envelope shall be titled “FEE SCHEDULE FOR RFP #1 RPD Marina -2008” and include the name of the Consultant. Refer to Appendix B. 6. Human Rights Commission Forms Submit one original and two copies of all required HRC forms separately in a sealed envelope. The sealed envelope shall be titled “HRC FORMS FOR RFP #1 RPD Marina -2008” and include the name of the Consultant. Refer to Appendix C. Any questions regarding the Human Rights Commission program should be directed to the HRC Contract Compliance Officer: Bayard Fong (415) 252-2512 bayard.fong@sfgov.org SECTION 8.0 SELECTION PROCESS By submitting a Proposal, the proposer hereby acknowledges and accepts the general terms and conditions specified in the Standard Agreement. A sample Standard Agreement, for reference only, is included in Appendix E. The selection process shall be as follows: A. RFP Proposal Submittal Evaluation 1. A committee will review the submittals based on the Submittal Evaluation Form shown in Appendix A. The committee will short-list the first top four (4) ranked for oral interviews. No interviews will be held during this phase. 2. The Human Rights Commission will review the Proposals for compliance with its requirements. No firm will be recommended for further consideration without HRC approval. 3. Notification will be sent to the firms that are both short-listed and approved by HRC, indicating the time and place of the interviews, documenting any change in Evaluation Criteria for the interviews, and requesting further information if needed. 4. Depending on the number of submittals, the committee may elect to delete the evaluation of submittals and recommend all candidate firms for interviews. 5. The scores of the submittals will not be carried over to the oral interview phase. The final selection will be based on the oral interview score. B. Oral Interview Process RFP #1 RPD Marina 2008 Page 17
  19. 19. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department 1. A committee will interview the short-listed firms through an evaluation process consisting of a presentation followed by standardized interview questions from the selection panel, and may include follow up questions if clarification of a consultant’s response is necessary. The same set of interview questions will be used for all consultants. The selection panel will proceed to evaluate each consultant independently based on each of the consultant’s presentation and responses to the selection panel’s questions. Each question will be weighted according to its importance. Scores from the oral interview will be tabulated from points awarded on all of the questions. 2. Only key individuals of each team should appear before the interview panel. The session will be divided roughly into two components, with approximately 30 minutes for a team presentation, to be followed by 45 minutes of questions from the interview panel and a 15 minute wrap up. The oral interview team is limited to no more than 8 participants, including sub-consultants. Each key team member should be available to answer specific questions during the interview, regardless of whether s/he was interviewed previously as a member of another consultant team. Consultant must provide own presentation equipment, as none will be provided by the City. 3. The content of the presentation shall describe the team’s experience in providing the services required in this RFP. The team may present examples of their experiences that are relevant to this RFP. 4. The Evaluation Subtotal from the Oral Interview will be submitted to the Human Rights Commission for application of any appropriate rating discounts and calculation of the Net Scores. This action by the HRC will determine the final rankings, which will be issued by letter to each firm. After the final ranking, comments and observations regarding the selection process may be requested, by contacting the Contract Manager. C. Contract Negotiation and Award 1. The City will negotiate with the highest-ranking firm based on a City-determined scope of work, qualifications and a fee schedule acceptable to the City. A copy of the City’s sample standard consultant contract is included in Appendix E. If it is not possible to reach an agreement with the designated firm, or if within eight weeks of the notice of final ranking, the designated firm does not fulfill all City requirements necessary to enter into a Controller-certified contract, the City may elect to negotiate with the next highest ranked firm in descending order. The Recreation and Park Commission will award any Design Professional Services Agreement resulting from this process, to be administered by the the Recreation and Park Departmentwith the administrative approvals of the Civil Services and Human Rights Commissions.. RFP #1 RPD Marina 2008 Page 18
  20. 20. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department SECTION 9.0 TERMS AND CONDITIONS FOR RECEIPT OF PROPOSALS A. Error and Omissions in RFP Proposers are responsible for reviewing all portions of this RFP. Proposers are to promptly notify the Contract Manager, by email, upon discovery of any ambiguity, discrepancy, omission, or other errors in the RFP. The deadline for submitting requests for clarification is five (5) working days prior to the date for receipt of proposals. Modifications and clarifications will be made by addenda as provided below. The City is not obligated to issue addenda in response to any request submitted after the deadline. Oral statements shall not be relied upon as legitimate responses and shall not be binding. For faxes, it shall be the responsibility of the Proposer to ensure that the transmission was sent properly. Any interpretation of, or change in this RFP will be made by written addendum and shall become part of the RFP and any contract awarded. The City shall be bound only by the written terms of this RFP and any addenda hereto. The City will not be responsible for any other explanation or interpretation. B. Inquiries Regarding RFP Inquiries regarding the RFP and all oral notifications of an intent to request written modification or clarification of the RFP, must be directed to the Contract Manager. Refer to Announcement for question submittal deadline. C. Objections to RFP Terms If a Proposer objects on any grounds to any RFP or legal requirement imposed by this RFP, the Proposer shall not have more than ten (10) calendar days after this RFP is advertised to provide written notice to the Recreation and Park Department setting forth with specificity the grounds for the objection. The failure of a Proposer to object in the manner set forth in this paragraph shall constitute a complete and irrevocable waiver of any such objection. Failure by the City to object to an error, omission, or deviation in the responses will in no way modify the RFP or excuse the prospective Consultant from full compliance with the specifications of the RFP or any contract awarded pursuant to the RFP. D. Financial Responsibility This RFP is subject to fiscal provisions, contracting, and regulatory process of the City, and the terms and provisions of the City’s Charter and Administrative Code. Consultant’s assumption of risk for possible non-appropriation is part of the consideration of this RFP. The City accepts no financial responsibility for any costs incurred by a firm in responding to this RFP. Submissions of the RFP will become the property of the City and may be used by the City in any way deemed appropriate. RFP #1 RPD Marina 2008 Page 19
  21. 21. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department The City is not obligated to award a contract under any circumstance, and specifically reserves the right to withdraw this RFP, or modify any contract let pursuant to this RFP, at no cost to the City. E. Proposer’s Obligations under the Campaign Reform Ordinance (CRO) Proposers must comply with Section 1.126 of the S.F. Campaign and Governmental Code, which states: No persons who contracts with the City and County of San Francisco for the rendition of personal services, for the furnishing of any material, supplies or equipment to the City, or for selling any land or building to the City, whenever such transaction would require approval by a City elective officer, or the board on which that City elective officer serves, shall make any contribution to such an officer, or candidates for such an office, or committee controlled by such officer or candidate at any time between commencement of negotiations for such contract until (1) the termination of negotiations for such contract; or (2) three months have elapsed from the date the contract is approved by the City elective officer, or the board on which that City elective officer serves. If a Proposer is negotiating for a contract that must be approved by an elected local officer or the board on which that officer services, during the negotiation period the Proposer is prohibited from making contributions to: • The officer’s re-election campaign; • A candidate for that officer’s office; and • A committee controlled by the officer or candidate The negotiation period begins with the first point of contact, either by telephone, in person, or in writing, when a Consultant approaches any City officer or employee a particular contract. The negotiation period ends when a contract is awarded or not awarded to the Consultant. Examples of initial contacts include: (i) a vendor contracts a City officer or employee to promote himself or herself as a candidate for a contract; and (ii) a City officer or employee contacts a Consultant to propose that the Consultant apply for a contract. Inquires for information about a particular contract, requests for documents relating to a Request for Proposal, and requests to be placed on a mailing list do not constitute negotiations. Violation of Section 1.126 may result in the following criminal, civil, or administrative penalties: 1. Criminal. Any person who knowingly or willfully violates section 1.126 is subject to a fine of up to $5,000 and a jail term of not more than six months, or both. 2. Civil. Any person who intentionally or negligently violates section 1.126 may be held liable in a civil action brought by the civil prosecutor for an amount up to $5,000. RFP #1 RPD Marina 2008 Page 20
  22. 22. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department 3. Administrative. Any person who intentionally or negligently violates section 1.126 may be held liable in an administrative proceeding before the Ethics Commission held pursuant to the Charter for an amount up to $5,000 for each violation. For further information, proposers should contact the San Francisco Ethics Commission as indicated on Page 4, Websites and Contact Information. F. Sunshine Ordinance In accordance with S.F. Administrative Code Section 67.24(e), consultants’ bids, responses to RFP’s and all other records of communications between the City and persons or firms seeking contracts shall be open to inspection immediately after a contract has been awarded. Nothing in this provision requires the disclosure of a private person’s or organization’s net worth or other proprietary financial data submitted for qualification for a contract or other benefit. Information provided which is covered by this paragraph will be made available to the public upon request. G. Reservation of Rights by the City 1. The issuance of this RFP does not constitute an agreement by the City that any contract will actually be entered into by the City. The City expressly reserves the right at any time to: a. Not to preclude any interested firms to propose; b. Waive or correct any defect or informality in any response, proposal, or proposal procedure; c. Reject any or all proposals submitted; d. Reissue a Request for Proposals’; e. Prior to submission deadline for proposals, modify all or any portion of the selection procedures, including deadlines for accepting responses, the specifications or requirements for any materials, equipment, or services to be provided under this RFP, or the requirements for proposal content; f. Procure any materials, equipment or services specified in this RFP by any other means; or g. Determine that no project will be pursued. 2. The City reserves the unqualified right to postpone the selection of the Consultant for its own convenience, to withdraw this RFP at any time without indicating any reason for such rejection, or to negotiate with any, all or none of the Consultants. The City reserves the right to remedy technical errors, clarify the published scope of services and approve or disapprove the use of the sub- consultants. 3. The City has the right to use any or all ideas or concepts presented in any proposal without restriction and without compensation to the Consultant. As a corollary, the City’s selection of a Consultant does not constitute the City’s acceptance of all particulars of the Consultant’s proposal. RFP #1 RPD Marina 2008 Page 21
  23. 23. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department 4. The City reserves the right to check any, all or none of the references submitted. 5. No person or firm responding to this RFP shall obtain any claim or right of action against the City by reason of any aspect of the RFP and defects or abnormalities in the selection process, the rejection of any proposal, the acceptance of any proposal, any statements, representations, acts of omissions of the City, the exercise of any City discretion set forth in or with respect to any of the foregoing, and any and all matters arising out of all or any of the foregoing. H. Provision of Equal Benefits 1. Effective June 1, 1997, Chapter 12B of the San Francisco Administrative Code was amended to prohibit the City and County of San Francisco from entering into contracts or leases with any entity the discriminates in the provision of benefits between employees with domestic partners and employees with spouses, and/or between domestic partners and spouses of employees. All proposing firms must be certified by the San Francisco Human Rights Commission (HRC) as being in compliance with Chapter 12B. The HRC has developed rules of procedure and various resource materials explaining the equal benefits program. The materials are available by contacting the HRC Equal Benefits Section at indicated on Page 4, Websites and Contact Information. 2. The Consultant shall be compliant and certified with the above Provisions before award of agreement. Consultants that are already 12B (Equal Benefits for Domestic Partners and Spouses) compliant and have no changes to the above provisions do not have to fill out the S.F. Administrative Code Declaration: Nondiscrimination in Contracts and Benefit forms in Appendix C. All new Consultants, including new Joint Ventures, to the City, or those that have made changes their company policies, and those that are not current with the 12B compliance status shall complete the declaration (HRC Form-12B-101). 3. The completed form and supporting documents shall be sent to: San Francisco Human Rights Commission Equal Benefits Unit 25 Van Ness Ave, Suite 800 San Francisco, California 94102 I. Local Business Enterprises (LBE) Goals The requirements of the Local Business Enterprise Ordinance set forth in Chapter 14B of the San Francisco Administrative Code as it now exists or as it may be amended in the future (collectively the “LBE Ordinance”) shall apply to this RFP. 1. Human Rights Commission Requirements a. To be eligible for award of this contract, each proposer must agree to comply with the following Local Business Enterprise (LBE) requirements authorized by San Francisco Administrative Code Chapter 12B, Section 12B.4, and RFP #1 RPD Marina 2008 Page 22
  24. 24. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department Chapter 14B (where applicable), and their implementing Rules and Regulations. b. The HRC Attachment 2 is a part of the RFP and is attached as Appendix C. Proposals may be eligible for up to 10% rating bonus if certain requirements stated in the HRC Attachment are met. c. The LBE subconsulting goal for this project (13%) is the percentage of the total value of the services to be procured. The goal must be met with LBE firms that are certified as LBE firms by the San Francisco Human Rights Commission. The HRC website as indicated on Page 4, Websites and Contact Information, provides a current list of all certified LBE firms. Other firms may be used to meet the subconsulting goal provided that all firms so used are certified as LBE firms by HRC as of the due date of this proposal. The HRC will review LBE participation for compliance when the billings have reached the following percentages of the contract amount: 30%, 50%, 70%, and 90%. d. All proposers must meet the subconsultant goal and submit documented good faith outreach with the proposal. Any proposal that fails to meet the specified LBE participation goal and fails to submit the good faith outreach documentation shall be considered non-responsive and shall be rejected. e. Proposals that do not meet the LBE participation goal will be rejected as non-responsive unless the HRC Director finds that the proposer diligently undertook all the good faith efforts required by this ordinance and that the failure to meet the goal resulted from an excusable error. The contract awarding authority shall require proposers on the contracts to contact a LBE before listing that LBE as a subconsultant in the proposal. A proposal that fails to comply with this requirement will be rejected as non-responsive. f. All proposers shall undertake good faith outreach as set forth in Section 14.B.8C of the ordinance to select subconsultants to meet the LBE goal. The Good Faith Outreach form with the required supporting documentation must be completed and submitted with the proposal even if the LBE subconsultant goal has been met. For a list of certified vendors, go to: http://sfgov.org/site/uploadedfiles/sfhumanrights/directory/vlistS_1.htm g. Proposers must identify on HRC Form 2A the particular LBE subconsultants and lower tier subconsultants to be utilized in performing the contract, specifying for each the percentage of participation, the type of work to be performed and such information as the HRC reasonably shall require to determine the responsiveness of the proposal. h. The LBE proposer is also required to comply with the established goal of the RFP. The LBE proposer, proposing as a joint venture with a non-LBE firm is also required to comply with the established goal. The prime association RFP #1 RPD Marina 2008 Page 23
  25. 25. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department partner must be of the same or similar discipline in order to be eligible for a rating bonus. i. The Human Rights Commission recognizes that consultants at the time of award of as-needed contracts may not be able to predict accurately the disciplines required for services on a particular project. After contract award, the HRC may approve written requests by consultants to utilize HRC certified LBE’s who are not listed in the consultant’s proposal as sub- consultants to meet the LBE goal. A written request must be submitted and approved by the HRC and a written contract modification to the agreement must be executed prior to commencing such work. Failure to submit such requests in a timely manner will result in the work of the said sub-consultants not being counted toward meeting the LBE participation goals and not being authorized to perform under the Standard agreement. j. LBEs identified as sub-consultants must be certified with the San Francisco Human Rights Commission by the proposal due date, and must be contacted by the proposer (prime consultant) prior to listing them as sub- consultants in the proposal. Additionally, sub-consultants should not enter into any agreement that limits their ability to be listed or utilized by more than one proposer. Any proposal that does not meet the requirements of this paragraph will be non-responsive. k. Proposals submitted in response to this RFP that fail to comply with the material requirements of the S.F. Administrative Code Chapter 14B and the RFP will be deemed non-responsive and will be rejected. During the term of the contract, any failure to comply with the level of LBE sub-consultant participation specified in the contract shall be deemed a material breach of contract. Sub-consulting goals can only be met with HRC certified LBEs located in San Francisco. l. If you have any questions concerning the HRC Forms, contact Linda Chin, the Human Rights Commission Contract Compliance Officer for the Department of Public Works / Bureau of Engineering as indicated on Page 4, Websites and Contact Information. The forms will be reviewed and approved by HRC prior to the interviews. m. The LBE subconsulting goal is 13% Local Business Enterprise. Pursuant to Sec. 14.B.9 of the Administrative Code, proposers are hereby advised that the availability of Minority Business Enterprises (MBE), Women Business Enterprises (WBE), and Other Business Enterprises (OBE) to perform subconsultant work on these contracts is as follows: 6% MBE, 4% WBE, and 3% OBE. Proposers are further advised that they may not discriminate in the selection of subcontractors on the basis of race, gender, or any other basis prohibited by law, and that they shall undertake all required good faith outreach steps in such a manner as to ensure that neither MBEs nor WBEs nor OBEs are unfairly or arbitrarily excluded from the required outreach. 2. LBE Participation RFP #1 RPD Marina 2008 Page 24
  26. 26. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department The City strongly encourages proposals from qualified LBEs. Pursuant to Chapter 14B, the following rating discount will be in effect for the award of this project for any proposers who are certified by HRC as a LBE, or joint venture partners who are certified as a LBE by the proposal due date. Certification applications may be obtained by contacting HRC as indicated on Page 3, Websites and Contact Information. The rating discount applies at each phase of the selection process. The application of the rating discount is as follows: a. A 5% discount to a joint venture with a LBE participation that equals or exceeds 35%, but is under 40%; or b. A 7.5% discount to a joint venture with a LBE participation that equals or exceeds 40%. c. A 10% discount to: • A LBE; or • A joint venture between or among LBEs. SECTION 10.0 CONTRACT REQUIREMENTS A. Insurance (Refer to Appendix E – Section 15 of the Standard Agreement Sample) B. Insurance and other Requirement for Associations/Joint Ventures/ Partnerships1 The Consultant operating under the auspices of associations, joint ventures, or partnerships shall provide the appropriate insurance coverage. (Excerpts from the City’s Risk Manager’s Insurance Manual) While two (2) or more venture participants may have their separate insurance programs for their usual operations outside of or before forming a joint venture, such separate coverage does not apply to joint venture operations. Consider the following language from a typical general liability policy: “No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations.” Professional Liability policies often have similar language. Not only is the joint venture or partnership not insured automatically under the separate insurance programs of the participants, but also the participants themselves are not even covered by their own policies with respect to their interests in the association, joint venture, or partnership. While the City contract may use the term “association” instead of “joint venture” or “partnership”, there is a concern insurers may construe the joint operation under one 1 Under California Contract Law, an association is given the same standing as Joint Ventures or Partnerships. RFP #1 RPD Marina 2008 Page 25
  27. 27. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department contract to be a joint venture, in fact, even if called by another name, resulting in voiding your coverage. There are three (3) general methods of insuring associations, joint ventures, or partnerships: 1. Issue separate insurance policies with the Named Insured being the joint venture or partnership. This is the most cumbersome, expensive arrangement; 2. Have one of the participants include the joint venture or partnership as a Named Insured on all of the policies required of the Consultant in the City contract. This option is also cumbersome and expensive; 3. Have each participant include the joint venture or partnership as a Named Insured on each of their separate policies, but only with respect to the interests of that participant in the joint venture or partnership. It is the City’s understanding that this should not be a costly process. The intent of these methods is that the association, joint venture or partnership, is a Named Insured on all the required policies and is insured only once. Generally, the types of insurance affected by associations, joint ventures, or partnership are the Commercial General Liability and Professional Liability policies; however, the City will refer insurance matters to its Risk Manager when insurance coverage or language in the policies is being disputed between parties. If you have any questions concerning insurance matters, contact Elizabeth Fitzgerald, the Department of Administrative Services, Risk Management Program as indicated on Page 4, Websites and Contact Information. C. Indemnification (Refer to Appendix E – Section 16 of the Standard Agreement Sample) D. Conflict of Interest 1. The successful proposer will be required to agree to comply fully with and be bound by the applicable provisions of state and local laws related to conflicts of interest, including Section 15.103 of the City's Charter, Article III, Chapter 2 of City’s Campaign and Governmental Conduct Code, and Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of California. The successful proposer will be required to acknowledge that it is familiar with these laws; certify that it does not know of any facts that constitute a violation of said provisions; and agree to immediately notify the City if it becomes aware of any such fact during the term of the Agreement. 2. No officer, member or employee of the City and no member of their governing bodies will have any pecuniary interest, direct or indirect, in this Agreement of the proceeds thereof. No Consultant, nor member of the Consultant’s family shall serve on the City board, committee, or hold any such position which either by rule, practice or action nominates, recommends, supervises Consultant’s operations or authorizes funding to Consultant. RFP #1 RPD Marina 2008 Page 26
  28. 28. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department 3. The Consultant shall have no interest and shall not acquire any interest, direct or indirect, which conflicts with the faithful performance of this agreement. 4. In addition to the requirements of the City Charter and the State Government, the City will not permit Consultants to perform oversight on any jobs where there is any conflict of interest between the Consultant and other firms involved in the project. 5. Consultants doing business with the City are prohibited from contributing to candidates. No person who contracts with the City and County of San Francisco for the rendition of personal services; for the furnishing of any materials, supplies, or equipment to the City; or for selling any land or building to the City, whenever such transaction would require approval by a City elective officer, or the board on which that City elective officer serves, shall make any contribution to such an officer, or candidate for such an office, or committee controlled by such an officer or candidate at any time between commencement of negotiations and either the completion of, or the termination of negotiations for such contract. E. Business Tax Registration In accordance with San Francisco City Ordinance 345-88, all vendors conducting business with the City are required to maintain a valid business tax registration number. Agreements will not be awarded to the successful proposer unless business tax registration fees are paid in full by the time the agreement is awarded. Consultants can register for a current certificate with the Business Tax Division of the Tax Collector of the City of San Francisco. The address of the Tax Collector’s office is located at City Hall, Room #140 and contact number is indicated on Page 4, Websites and Contact Information. F. Compliance with the Americans with Disabilities Act (Refer to Appendix E - Section 39 of the Standard Agreement Sample) G. Prohibition on Political Activity with City Funds (Refer to Appendix E – Section 46 of the Standard Agreement Sample) H. Earned Income Credit (EIC) Forms (Refer to Appendix E – Section 32 of the Standard Agreement Sample) I. Debarment and Suspension Certification The Consultant shall have to comply with, and file along with its proposal completed copies of the Certification of Bidder Regarding Debarment and Suspension and Certification of Subcontractor, Lower-Tier Subcontractor or Supplier Regarding Debarment and Suspension Forms in Appendix D. In the event that any work performed under as-needed professional services contracts is funded by Federal or State grants funds, unless the granting agency has no restrictions on the use of such funds, the Recreation and Park Department requires Consultants and RFP #1 RPD Marina 2008 Page 27
  29. 29. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department Subconsultants responding to an RFP or RFP to sign a declaration involving self- identification of any debarments or suspensions on any contracts in excess of $25,000. 1. Non-compliance could result in the federal government revoking funding for the contract. a. The submission of a debarment or suspension declaration form does not necessarily affect the award of the contract. The language included in the Federal Declaration form states that information about debarment or suspension does not automatically result in denial of a contract award but the information will be used to determine contractors’ responsiveness. J. Chapter 12P – Minimum Compensation Ordinance (MCO) The successful proposer will be required to agree to comply fully with and be bound by the provisions of the Minimum Compensation Ordinance (MCO), as set forth in S.F. Administrative Code Chapter 12P. Generally, this Ordinance requires contractors to provide employees covered by the Ordinance who do work funded under the contract with hourly gross compensation and paid and unpaid time off that meet certain minimum requirements. For the contractual requirements of the MCO, see Section 43 of “Requiring Minimum Compensation for Covered Employee” in the Standard Agreement Sample - Appendix E.) For additional information, refer to Page 3, Websites and Contact Information. Note that the gross hourly compensation for covered employees for For-Profit entities is $10.77. The MCO rate for non-profit corporations and government entities shall remain at $9.00. If a Covered Employee of a Nonprofit Corporation works in San Francisco, then that employee is covered by San Francisco’s Minimum Wage Ordinance, which is Chapter 12R of the Administrative Code. As of January 1, 2007, Chapter 12R’s minimum wage is $9.14 per hour. The Consultant shall have to comply with, and file along with its proposal a completed copy of the Minimum Compensation Ordinance (MCO) Declaration form in Appendix D. K. Chapter 12Q – Health Care Accountability Ordinance (HCAO) The successful proposer will be required to agree to comply fully with and be bound by the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in S.F. Administrative Code Chapter 12Q. For additional information, refer to Page 3, Websites and Contact Information. The Consultant shall have to comply with, and file along with its proposal a completed copy of the Health Care Accountability Ordinance (HCAO) Declaration form in Appendix D. L. First Source Hiring Program (FSHP) (Refer to Appendix E – Section 45 of the Standard Agreement Sample) RFP #1 RPD Marina 2008 Page 28
  30. 30. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department The First Source Hiring Program is Chapter 83 of the Admin. Code, and it applies to : (a) entry-level positions for work performed by a contractor in the City; (b) entry-level positions for work performed by a contractor in Alameda, San Francisco or San Mateo counties; (c) entry-level positions for work performed on the contract on property owned by the City; and (d) entry-level positions for work done under a permit authorization on a development project in the City. Contractors should consult the San Francisco Administrative Code to determine their compliance obligations under this chapter. For additional information, refer to Page 4, Websites and Contact Information. The Consultant shall have to comply with, and file along with its proposal a completed copy of the First Source Hiring Program (FSHP) Declaration form in Appendix D. SECTION 11.0 PROTEST PROCEDURES A. Protest of Non-Responsiveness Determination After receipt of bid proposals, the project team will initially review all proposals for responsiveness, and will notify all non-responsive firms with a Notice of Non- responsiveness. Within five (5) working days of the City’s issuance of non- responsiveness, any firm that has submitted a proposal and believed that the City has incorrectly determined that its proposal is non-responsive may submit a written notice of protest. Such notice of protest must be received by the City on or before the fifth (5th) working day following the City’s issuance of the notice of non-responsiveness. The notice of protest must include a written statement specifying in detail each and every one of the grounds asserted for the protest. The protest must be signed by an individual authorized to represent the proposer, and must cite the law, rule, local ordinance, procedure or RFP provision on which the protest is based. In addition, the protestor must specify facts and evidence sufficient for the City to determine the validity of the protest. B. Protest of Contract Award Within five (5) working days of the City’s notification, any firm that has submitted a responsive proposal and believes that the City has incorrectly selected another proposer for award may submit a written notice of protest. The notice of protest must include a written statement specifying in detail each and every one of the grounds asserted for the protest. The protest must be signed by an individual authorized to represent the proposer, and must cite the law, rule, local ordinance, procedure or RFP provision on which the protest is based. In addition, the protestor must specify facts and evidence sufficient for the City to determine the validity of the protest. C. Delivery of Protests All protests must be received by the due date. If a protest is mailed, the protester bears RFP #1 RPD Marina 2008 Page 29
  31. 31. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department the risk of non-delivery within the deadlines specified herein. Protests should be transmitted by a means that will objectively establish the date the City received the protest. Protests or notice of protests made orally (e.g., by telephone) will not be considered. Protests must be delivered to: City and County Parks and Recreation Department c/o Mary Hobson, Project Manager 30 Van Ness Avenue, 5th Floor San Francisco, CA 94102 RFP #1 RPD Marina 2008 Page 30
  32. 32. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department APPENDIX A RFP PROPOSAL SUBMITTAL EVALUATION Prime Consultant or Joint Venture Qualifications Points - 35 Score • Describe relevant experience to successfully perform Poor: 0–9 roles and responsibilities of your firm in providing Marginal: 10 – 18 marine and marina design, dredging and engineering services. Acceptable: 19 – 28 • Describe how the workload might be organized, Exceeds: 29 - 35 divided or assigned. Demonstrate that there are no overlaps or gaps in services. • Describe relevant experience of successful performance of value engineering and QA/QC reviews. Team Qualifications and Experience Points - 25 Score • Discussion of your team’s background and Poor: 0–5 : experience that demonstrate ability to successfully Marginal: 6 – 12 perform the work. • Describe your team’s project management, cost Acceptable: 13 – 19 control, and change management procedures. Exceeds: 20 - 25 Overall Approach Points - 30 Score • How will team conduct specific major tasks and Poor: 0–7 prepare anticipated deliverables. Marginal: 8 – 15 • Schedule and ability to complete project services within the City’s required time frame and budget. Acceptable: 16 – 23 Include timeline for completion of relevant projects Exceeds: 24 - 30 referenced under Section 7.A.C. • Experience with partnerships or working with integrated teams of staff of the City or other government entities. • Describe and detail your Quality Assurance / Quality Control program for successfully interfacing the design with Sub-consultants and City of San Francisco Design Team Members. Overall Format of Written Submittal Points - 10 Score • Clear, concise and addresses all focus area topics Poor: 0–2 • Responsive to RFP Marginal: 3–5 Acceptable: 6–8 Exceeds: 9 - 10 PROPOSAL SCORE RFP #1 RPD Marina -2008 Appendix A-1
  33. 33. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department APPENDIX B FEE SCHEDULE A. One (1) copy of The Fee Schedule must be completed for your firm, and for each sub- consultant listed in your HRC Attachment 2, and submitted separately in a sealed envelope and delivered with the proposal package. B. The sealed envelope shall be titled “RFP #1 RPD Marina -2008” and include the name of the Consultant. C. The Fee Schedule does not affect the selection process and will be used in contract negotiations with the successful Consultant. The City reserves the right to go over the Fee Schedule during contract negotiations. E. Consultants must complete, attach, and submit unit prices for all of Consultant and sub- consultants billable rates on a Fee Schedule. Due to the wide variety of work that may arise, the City reserves the right to negotiate those items not specified in the Fee Schedule. Some of the listed items may be deleted. F. All billable staff rates shall be fully burden to include labor, benefits, taxes, overhead, profit, health care benefit surcharge, minimum compensation accountability surcharge, call out surcharges, other surcharges, costs for obtaining insurance and bonds, employee fringe benefits, employee paid time off, employee training, support and administrative services, and ancillary charges. G. Hourly Billing Rates listed in Agreements (below) shall be one single rate for the length of the contract and shall remain in effect throughout the term of the contract for both the Consultant and Sub-consultants. H. Fill out the information on page B-2, as applicable, for your firm and for each Sub- consultant listed in your HRC Form 2. RFP #1 RPD Marina -2008 Appendix B-1
  34. 34. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department Name of Consultant or Sub-Consultant: Overhead Rate = ______% (Though an audited rate is preferable, it is not required.) Provide an itemized percentage breakdown of the items that are accounted in the Overhead Rate. Administrative and clerical support services are considered part of overhead. Fringe Benefits = _____% Provide an itemized percentage breakdown of the items that are accounted in the Fringe Benefits. Fully Burden Staff Billing Rates/Hour for Professional Positions (Categories) as indicated in Table format. If a job title is not applicable, indicate ‘Not Applicable’. If a ‘general’ job title is not listed, utilize ‘Other’ and list the ‘specific’ job title. Job Title Direct Labor Fringe Overhead Profit Billing Rate (General) Rate ($/hr) Benefits Rate (10%) ($/hr) (%) (%) Principal Civil Engineer Senior Engineer Engineer Project Engineer Associate Engineer Project Manager Technician Cost Estimator Scheduler Project Controls Quality Control CADD Drafter CADD Designer Other: (describe) NOTE: Overtime Rate = Fully Burden Staff Billing Rates x 1.5 RFP #1 RPD Marina -2008 Appendix B-2
  35. 35. Request for Proposals November 2008 Marina, Coastal and Civil Engineering Design Services Recreation and Parks Department Other Services and Charges The following rates shall apply for all other services, and remain in effect throughout the term of the contract for both the Consultant and all levels of sub consultants. Services Rates/Schedule Sub-consultant Work Cost plus 5% (for a maximum of two tiers of sub- consultants work) Meal expenses Not reimbursable. Lodging Not reimbursable without prior agreement. Air/taxi/shuttle/rail fares Not reimbursable without prior agreement. Other Direct Costs At cost. Travel The Internal Revenue Service (IRS) standard mileage rate for business use of an automobile. No markup applies. This rate is subject to change, yearly. Travel expenses will be reimbursed only when work locations are outside of San Francisco and only with prior approval. Expenses associated with travel to and from Contractor or all levels of Sub Consultant’s offices located outside San Francisco to and from work sites within San Francisco are not reimbursable. Equipment Rental Compensation shall be paid for at the rates listed in Labor Surcharge and Equipment Rental Rates issues by the State of California, Business Transportation, and Housing Agency, Department of Transportation (Caltrans) Construction Program, plus 5%. Non-Reimbursable Items The following shall apply and remain in effect throughout the term of the contract for both the Consultant and all levels of sub consultants. The City will not approve payment of ancillary charges. These items are considered part of work to perform the job. These costs are considered to be included in the billing rate of staff. These costs include, but are not limited to: office supplies telephones and calls respirators office equipment computers cameras first aid kits cell phones, calls, faxes tools copies safety equipment photocopiers PDAs blackberries RFP #1 RPD Marina -2008 Appendix B-3

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