RFP - Dtrict Engineer Services Project No. 9999034


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RFP - Dtrict Engineer Services Project No. 9999034

  1. 1. Request For Proposals DISTRICT ENGINEER SERVICES PROJECT NO. 9999034 County of San Bernardino Special Districts Department 157 West Fifth Street, Second Floor San Bernardino, CA 92415-0450
  2. 2. SAN BERNARDINO COUNTY RFP: DISTRCT ENGINEER SERVICES SPECIAL DISTRICTS DEPARTMENT PROPOSAL NUMBER: SDD9999034 February 24, 2004 DISTRICT ENGINEER SERVICES RFP TABLE OF CONTENTS I. INTRODUCTION………………………………………………………………………….. 3 A. Purpose B. Contract Period C. Budget D. Minimum Vendor Requirements E. Mandatory Proposal Conference…………. ……………………………….. 4 F. Questions G. Correspondence H. Proposal Submission Deadline II. PROPOSAL TIMELINE………………………………………………………………… 4 III. PROPOSAL CONDITIONS……………………………………………………………. 5 IV. GENERAL REQUIREMENTS…………………………………………………………. 5 V. SCOPE OF CONTRACT……………………………………………………………….. 6 VI. LABOR, EQUIPMENT AND SUPPLIES……………………………………………… 7 VII. JOB STANDARDS………………………………………………………………………. 7 VIII. PAYMENT………………………………………………………………………………… 7 IX. PROPOSAL SUBMISSION……………………………………………………………. 7 A. General B. Proposal Presentation Instructions………………………………………... 8 C. Late Proposals D. Proposal Opening E. Acceptance or Rejection F. Use of Proposals………………...…………………………………………….. 9 G. Incomplete Proposals X. FORMAT………………………………………………………………………………….. 9 XI. EVALUATION AND SELECTION …………………………………………………….. 10 A. General Requirements B. Evaluation Criteria C. Contract Award……..…………………………………..……………………… 11 D. Final Authority XII. GENERAL AGREEMENT TERMS…………………………………………………….. 11 1. General 2. Indemnification & Insurance…………………………………………………. 14 3. Right to Monitor…….………………………………………………………….. 16 ATTACHMENTS: ATTACHMENT A …………………….. STATEMENT OF CERTIFICATION ATTACHMENT B……………………… COVER SHEET ATTACHMENT C……………………… REFERENCE SHEET ATTACHMENT D……………………… SAMPLE DISTRICT ENGINEER WORK ORDER ATTACHMENT E……………………….DISTRICT AUTHORIZED OFFICERS AND AGENTS LIST ATTACHMENT F………………………..COST PROPOSAL GUIDELINES Page 2 of 22
  3. 3. SAN BERNARDINO COUNTY RFP: DISTRCT ENGINEER SERVICES SPECIAL DISTRICTS DEPARTMENT PROPOSAL NUMBER: SDD9999034 February 24, 2004 I. INTRODUCTION A. Purpose: 1. The purpose of this Request for Proposal (RFP) is to solicit proposals from qualified Engineering Firms (CONSULTANT) to provide professional engineering services and act as District Engineer on behalf of all County Special Districts, County Service Areas and their Improvement Zones throughout the County of San Bernardino (DISTRICTS). Districts inclusive for this proposal shall be those that are maintained and operated under the governance of the Board of Supervisors and include water, wastewater, park and recreation, road, fire and a combination of any other municipal powers issued to each specific District or Service Area. Typical duties of CONSULTANT will include preparation of feasibility studies, preparation of engineering reports, plan check and reviews, design and engineering of maintenance projects, minor design or review of designs from other contracted consultants for Capital Improvement Projects, advise operations staff on operational procedures as related to engineering, attend meetings on District’s behalf, represent District on Engineering issues, verify in-place rate modeling, etc. 2. The successful selected CONSULTANT(s) will provide to the DISTRICTS all services, labor, transportation, documentation, plans, reports, surveys and any other service to properly conduct, perform and accomplish the requested service as specified and in accordance with District requirements, applicable standards and laws. 3. DISTRICTS are geographically located through out the County and on occasion extensive travel may be required to perform surveys, conduct site visits, and perform field analysis. Districts inclusive of these services are County Service Areas 18, 20, 29, 30, 38, 40, 42, 53, 56, 59, 63, 64, 68, 69, 70, 77, 79, and 82, including their improvement zones, recreation and park districts, fire protection districts and Crestline Sanitation District. B. Period of Contract: The term of this contract will be for a period not to exceed three- (3) years with two (2) 1-year extension options. Beginning July 1, 2004 through June 30, 2007 based on on-going satisfactory performance. C. Anticipated Budget: The Districts determined that the anticipated annual budget for the services requested shall not exceed a total of $750,000 per fiscal year (or $250,000 per contract per year). D. Minimum CONSULTANT Requirements: 1. Principal shall possess and maintain current registration and certification as a civil engineer in the State of California. 2. Consultant shall maintain errors and omissions or professional liability insurance as required in section XII Part 2, Indemnity and Insurance General Requirements. 3. Consultant shall retain, hire and staff reasonable amount of qualified personnel to properly, timely and professionally conduct required and requested tasks as stipulated in Section IV, General Requirements. 4. Consultant shall be proficient and knowledgeable in water, wastewater, hydrology, district assessment, and other general civil engineering functions pertaining to municipal services. 5. Consultant will coordinate all matters pertaining to requested work through District Manager, Project Manager or authorized District staff by way of written work order. Consultant shall utilize a central point of contact of his staff to confer and coordinate with District. 6. Travel throughout County and attendance at various meetings both public and private. 7. Design, engineer and write specifications for identified maintenance improvement and/or repair projects as assigned. Page 3 of 22
  4. 4. SAN BERNARDINO COUNTY RFP: DISTRCT ENGINEER SERVICES SPECIAL DISTRICTS DEPARTMENT PROPOSAL NUMBER: SDD9999034 February 24, 2004 8. Perform feasibility studies, plan checks and review of private developers new water and sanitation improvement projects that will be accepted into existing District systems. Make correction recommendations and design change suggestions as necessary. D. Mandatory Proposal Conference There will be a Mandatory pre-proposal conference at the Special Districts Department Office, Conference Room A, 157 West Fifth Street, Second Floor, San Bernardino, California, March 23, 2004 at 1:30 pm. Attendance at this conference is mandatory. No proposal will be accepted from a CONSULTANT who fails to attend the proposal conference. The DISTRICTS may issue an addendum to the RFP after the proposal conference, if the District considers that additional clarifications are needed. Only those CONSULTANT’s represented at the proposal conference will receive addenda. E. Questions Questions regarding the contents of this RFP must be submitted in writing on or before March 19, 2004 and directed to the individual listed below. All questions will be answered and copies of both the question and answer will be disseminated to all proposal conference attendees. F. Correspondence All correspondence, including proposals, are to be submitted to: Greg Bacon, Project Manager County of San Bernardino – Special Districts Department 157 West Fifth Street, Second Floor San Bernardino, CA 92415-0450 Fax Number: (909) 387-5968 E-mail: gbacon@sdd.sbcounty.gov Fax number and e-mail address may be used to submit questions only. Proposals will not be accepted by e-mail or facsimile. G. Proposal Submission Deadline: All proposals must be received at the address listed above, no later than 2:00 p.m. on April 9, 2004. Facsimile or electronically transmitted proposals will not be accepted in lieu of actual receipt. Proposals received after the deadline will be marked “LATE” and will receive no further consideration. II. PROPOSAL TIMELINE: Release of RFP February 24, 2004 Deadline for Submission of Questions March 19, 2004 Mandatory Pre- Proposal Conference March 23, 2004; 1:30 p.m. Deadline for Proposals April 9, 2004; 2:00 p.m. Tentative Date for Awarding Contracts June 15, 2004 Page 4 of 22
  5. 5. SAN BERNARDINO COUNTY RFP: DISTRCT ENGINEER SERVICES SPECIAL DISTRICTS DEPARTMENT PROPOSAL NUMBER: SDD9999034 February 24, 2004 III. PROPOSAL CONDITIONS. • This solicitation is not intended and shall not be construed as an offer to enter into a contract or agreement. Contract(s) shall be created only by formal approval by the Board of Supervisors and after a competitive evaluation process selecting the successful candidates. • The DISTRICTS of San Bernardino County reserve the right to reject any or all proposals, to waive technical errors, discrepancies or informalities of proposals not affected by law, if to do so is in the best interest of the public. Further, the DISTRICTS may, at its discretion cancel this solicitation at any time prior to contract award. Under no circumstances shall the DISTRICTS be liable for any costs incurred in connection with the preparation and submission of any proposal. • It is the intent of the Districts to select multiple Consultants from this process to better distribute the anticipated workload and allow for critical timeline compliance in required tasks as deemed necessary by the Districts. A minimum of three contracts may be issued that equate approximately to $250,000 each/per year. Successful consultants may be required to work together on similar projects to properly compile required data and prepare plans and specifications. In addition, various data collection such as rate studies, cost estimating, maintenance/operational issues and new construction may need to be coordinated simultaneously requiring inter-disciplinary cooperation. Please do not include any additional information that is not required by this Request for Proposal. IV. GENERAL REQUIREMENTS • CONSULTANT shall by written work order direction: • Inspect and observe existing facilities for proper operation and maintenance, describing deficiencies and/or problem areas. Make recommendations to rectify those deficiencies and/or problems and determine possible complications and costs. • Analyze and project intermediate and long-range planning goals for the modification and repair of present facilities. Give specific considerations towards reclamation and water conservation. • Work closely with the Special Districts Department staff and district managers; consult on engineering and operational matters and perform engineering and technical tasks for normal and routine operation of the district’s facilities. • Work with appropriate regulatory agencies and other agencies in representing the Districts. • Assist the Special Districts Department in budget preparation, including input for five-year projection of district’s needs. This projection would include, but not be limited to: 1. Verification and implementation of district master plans and rate schedules. 2. Requirements for new construction (including time frames). 3. Estimates of costs (engineering and construction). 4. Source of anticipated funding inclusive of latest rate modeling available. 5. Projection of facilities, needs and approve designs by other consultants for new developments. 6. Projection of operation and maintenance costs for additional projects based on in-place rates. Page 5 of 22
  6. 6. SAN BERNARDINO COUNTY RFP: DISTRCT ENGINEER SERVICES SPECIAL DISTRICTS DEPARTMENT PROPOSAL NUMBER: SDD9999034 February 24, 2004 • Prepare reports and attend meetings as requested by district managers or the Special Districts Department. Meetings consist of the districts’ advisory commissions, municipal advisory councils, public hearings, review boards, Board of Supervisors, and others as required in the normal operation of the districts. • Engineering services to include, but not be limited to, those listed below: A. Prepare plans and specifications for districts. B. Analyze data to develop plans for corrective actions. C. Perform feasibility studies for single or multiple dwellings or subdivision projects. D. Plan check and assist with inspecting privately constructed water and sewage system intended for acceptance into the districts’ maintained systems (water & sewer). E. Provide consultation on engineering and operational matters pertaining to evaluation of waste discharge requirements. F. Consult and assist with details for planning federal and state funded projects from preliminary stages through construction. G. Represent the districts at pre-bid, bid openings, and pre-construction project meetings as required. H. Oversee and provide on-site inspection of facility construction projects to insure compliance with plans and specifications (when requested). I. Prepare project reports for review by Project Review Commission and Board of Supervisors. Represent the districts at such meetings as requested. J. Assessment Engineering for all types of district formations, annexing or de-annexing actions. K. Perform rate and fee studies. L. Perform hydraulic model analysis of water systems (H2O NET computer model). M. Perform other administrative and/or engineering tasks as assigned. • All work will be authorized by the issuance of a written work order itemizing the work required by District and shall be signed by the authorizing agent and officers of the Districts. Work order shall include those services required at a not-to-exceed fee as estimated by Consultant based on the approved fee schedule as made a part of the contract. Work shall not be initiated until an approved work order has been received by Consultant. V. SCOPE OF CONTRACT: A. CONSULTANT shall perform for the DISTRICTS, in an acceptable and professional quality-like manner subject to reasonable satisfaction of the DISTRICTS and subject to the provision hereof, all professional engineering services requested by all operated and maintained County DISTRICTS as set forth in detail in Section I. A INTRODUCTION, and Section IV General Requirements. Page 6 of 22
  7. 7. SAN BERNARDINO COUNTY RFP: DISTRCT ENGINEER SERVICES SPECIAL DISTRICTS DEPARTMENT PROPOSAL NUMBER: SDD9999034 February 24, 2004 B. To effectuate the provisions of this contract, CONSULTANT’S supervisory personnel shall regularly review the work accomplished by CONSULTANT’S personnel and will exercise complete authority over all such employees. The CONSULTANT shall immediately remove any employee whose conduct or workmanship is unsatisfactory to the DISTRICTS. VI. LABOR, EQUIPMENT AND SUPPLIES: CONSULTANT shall furnish at CONSULTANT’S expense all labor, equipment and supplies necessary for the performance of CONSULTANT’S duties as set forth in “1. INTRODUCTION, A” and General Requirements. All equipment and supplies shall be of good commercial quality and meet with all applicable standards, regulations and shall be subject to the approval of the DISTRICTS. VII. JOB STANDARDS: 1. All final documents presented for District use shall be signed and stamped bearing the Principal engineer’s current stamp and signature except for those customarily not requiring such action. 2. All final drawings shall have District Cover sheet on them with signature blocks for District, Project and other managers required to sign such drawings. District may supply a sample of such sheet. Drawings typically will be presented on D size sheets (24 x 36). 3. All work performed by Consultant shall be accomplished in a professional, safe and timely manner. To include site visits, job inspections and performance of assigned duties. 4. All work will comply with applicable jurisdictional requirements and standards. Consultant shall be responsible to understand what jurisdictional requirements apply to what assignment. VIII. PAYMENT OF CONSULTANT: District will pay CONSULTANT for its services rendered under this contract, one month in arrears, and upon satisfactory submission and approval of all itemized invoices for that month. Invoices should be submitted not later than the 15th of each month. District shall normally pay CONSULTANT within 30 days of invoice submission and approval. Invoice shall include District, Work Order Number, itemized description of services provided, and hourly rates expended for the assignment (per the approved fee schedule). CONSULTANT may submit cost of living increases during the duration of contract provided that requested increase is substantiated, approved by District and conforms to approved price indexing structure (i.e. Consumer Price Index). IX. PROPOSAL SUBMISSION: A. General 1. All interested and qualified CONSULTANTs are invited to submit a proposal for consideration. Submission of a proposal indicates that the CONSULTANT has read and understands the entire RFP, to include all appendixes, attachments, exhibits, schedules, and addendum (as applicable) and all concerns regarding the RFP have been satisfied. 2. Proposals must be submitted in the format described below. Proposals are to be prepared in such a way as to provide a straightforward, concise description of capabilities to satisfy the requirements of this RFP. Expensive bindings, colored displays, promotional materials, etc., are neither necessary nor desired. Emphasis should be concentrated on conformance to the RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Page 7 of 22
  8. 8. SAN BERNARDINO COUNTY RFP: DISTRCT ENGINEER SERVICES SPECIAL DISTRICTS DEPARTMENT PROPOSAL NUMBER: SDD9999034 February 24, 2004 3. Proposals must be completed in all respects as required in this section. A proposal may not be considered if it is conditional or incomplete. 4. All proposals and materials submitted become property of the DISTRICTS. All proposals received are subject to the “California Public Records Act.” B. PROPOSAL PRESENTATION INSTRUCTIONS: 1. All proposals must be submitted on 8 ½ x 11 paper, neatly typed, double-sided on recycled paper, with normal (1-inch) margins and single-spaced. Typeface must be no more than 12 characters per inch. Each page, including attachments, must be clearly and consecutively numbered at the bottom center of each page. 2. One – (1) original and six (6) copies, total of seven (7), of the complete proposal must be received by the deadline for receipt of proposal specified in Section II, (Proposal Timeline). The original and all copies must be in a sealed envelope or container stating on the outside: CONSULTANT Name, Address, Telephone Number, RFP number, RFP Title, and Proposal due date. 3. Include in a separate sealed envelope marked “Fee Schedule” one (1) original and six (6) copies of CONSULTANTS proposed fees for itemized hourly rates, transportation costs and typical reimbursement costs as shown in attachment E. CONSULTANT will use his own fee schedule on corporate letterhead. 4. Proposals must be verified before submission as they cannot be withdrawn, or corrected after being opened. The District will not be responsible for errors, or omissions on the part of bidders in making up their proposals. A responsible officer or employee must sign proposals. California State Sales Tax should not be included in CONSULTANT’s rates. 5. Hand carried proposals may be delivered to the address above only between the hours of 8:00 a.m. and 5:00 p.m., Mondays through Friday, excluding holidays observed by the DISTRICTS. Proposers are responsible for informing any commercial delivery service, if used, of all delivery requirements, and for ensuring that the address information appears on the outer wrapper or envelope used by such service. C. LATE PROPOSALS: Proposals received after the deadline will be marked “LATE” and will receive no further consideration. D. PROPOSAL OPENING: Proposals will be opened and evaluated by the Project Manager as to the minimum proposal requirements and distribute the copies to a pre-selected selection committee. CONSULTANTS shall be notified of the Selection Committee’s results when final determination has been made. CONSULTANTS may be contacted and required to attend an informal interview to clarify any proposal questions or to otherwise narrow qualified candidates to a short list. The contract(s) will be approved by the Board of Supervisors at their next available scheduled meeting. E. ACCEPTANCE OR REJECTION OF PROPOSALS: Proposals shall remain open, valid and subject to acceptance anytime within sixty (60) days after the proposal opening date and time, unless a longer period of time is mutually agreed to by the parties. Page 8 of 22
  9. 9. SAN BERNARDINO COUNTY RFP: DISTRCT ENGINEER SERVICES SPECIAL DISTRICTS DEPARTMENT PROPOSAL NUMBER: SDD9999034 February 24, 2004 The District reserves the right to reject any and all proposals or portions of proposal or alternates received by reasons of this request, to negotiate separately with any source whatsoever in any manner necessary to serve its interests. The DISTRICTS realize that factors other than price are important. As a result, price may not be the sole factor upon which the District’s decision to award is based. Award may be based on unit prices, cumulative totals, qualifications, knowledge of Special Districts, and/or other considerations. The DISTRICTS will make the award based upon the proposal(s), which best meets, its need. The DISTRICTS may reject any or all proposals, any portion of a proposal, and may waive any informality or immaterial irregularities in a proposal. F. USE OF PROPOSALS RECEIVED: All proposals received shall become the property of the County of San Bernardino, Special Districts Department. G. INCOMPLETE PROPOSALS WILL NOT BE ACCEPTED X. PROPOSAL FORMAT: Response to this RFP must be in the form of a proposal package, which must be submitted in the following format: A. Cover Page – A cover page on company letterhead outlining the proposal and briefly introducing the company. In addition, Attachment B is to be used as insert to the cover page for necessary contractual information purposes. This form must be fully completed and signed by an authorized officer of the CONSULTANT. B. Statement of Certification – (Attachment A) A completed statement of certification must be submitted that will address the questions appropriately as asked on the form. Insert Statement of Certification in Cover Page Section. C. Table of Contents – All pages of the proposal, including the enclosures, must be clearly and consecutively numbered, tabbed and correspond to the Table of Contents. D. References – Provide a minimum of three- (3) references from other agencies that you have established a contract with on a similar basis, and of similar size as the District. Provide Contact Name, Address, Phone Number, and dates services were provided. This information must be included on Attachment C. E. Proposal Description – A detailed description of the proposal being made. 1. The proposal should address, but not limited to, all terms in Section IV. 2. The proposal should include the following: (a) A brief synopsis of the CONSULTANT’s understanding of the District’s needs and how the CONSULTANT plans to meet these (service approach). (b) An explanation of any assumptions and/or constraints. (c) An understanding of District functions and what Special Districts are. Page 9 of 22
  10. 10. SAN BERNARDINO COUNTY RFP: DISTRCT ENGINEER SERVICES SPECIAL DISTRICTS DEPARTMENT PROPOSAL NUMBER: SDD9999034 February 24, 2004 F. Statement of Qualifications – Include the following in this section of the proposal: 1. Number of years the prospective CONSULTANT has been in business under the present business name, as well as related prior business names relative to water & wastewater system design, engineering and analysis. 2. Number of years in any other civil engineer related fields (hydrology, preparation of grading plans, land development, etc.) 3. A list of all public agencies with which CONSULTANT has provided similar services during the last three- (3) years. Please include the name, address, and telephone number, and the type of services provided (minimum of 3). Please include a contact person who the DISTRICTS can call in order to verify the quality of services your organization/firm has provided. CONSULTANT may use attachment C of this RFP. G. Licenses, Permits and Certifications Provide copies of all licenses, permits and certifications as required under Section I, paragraph C (Minimum CONSULTANT Requirements). Engineer licenses need only to be identified for individuals that will actually be assigned to perform under this contract. H. Insurance Submit evidence of ability to insure as stated in Section XII, 2, Indemnification and Insurance Requirements. XI. PROPOSAL EVALUATION AND SELECTION: A. Proposals will be subject to a review and selection process developed by the DISTRICTS, which includes, but is not limited to: 1. Analysis of mandatory submittal of minimum requirements. 2. Functional and service requirements analysis (technical review). 3. Cost evaluation. 4. Reference checks and review of qualifications. 5. Geographic Location of primary Consultant office in relation to most DISTRICTS. 6. Subjective CONSULTANT proposed service approach. 7. The Evaluation and Selection Committee will most likely consist of the following personnel: Greg Bacon, Project Manager, Special Districts Department Gary Martin, Senior Project Manager, Special Districts Department Jim Oravets, Water & Sanitation System Engineer Bill Stone, Water Facility Manager All Water Districts Appointed Member from Board of Supervisors Appointed Member from County Purchasing Department B. Evaluation Criteria: 1. Initial Review - All proposals will be initially screened by the Project Manager to determine if they meet the minimum requirements: a) The proposal must be complete, in the required format, and be in compliance with all the requirements of this RFP. Page 10 of 22
  11. 11. SAN BERNARDINO COUNTY RFP: DISTRCT ENGINEER SERVICES SPECIAL DISTRICTS DEPARTMENT PROPOSAL NUMBER: SDD9999034 February 24, 2004 b) Prospective CONSULTANTS must meet the requirements as stated in the Minimum Contractor requirements as outlined in Section I, D. Failure to meet all of these requirements will result in a rejected proposal. No proposal shall be rejected, however, if it contains a minor irregularity, defect or variation if the irregularity, defect or variation is considered by the DISTRICTS to be immaterial or inconsequential. In such cases the CONSULTANT will be notified of the deficiency in the proposal and be given an opportunity to correct the irregularity, defect or variation or the District may elect to waive the deficiency and accept the proposal as is. 2. Technical Review – Proposals meeting the above requirements will be forwarded to the selection committee to be evaluated and graded on the basis of the following criteria: a) Functionality b) Qualifications and experience in providing service of similar type and size c) Ability to provide services in a timely manner d) Cost e) Geographic Location f) Service Approach 3. Cost Evaluation – The primary consideration will be the effectiveness of the agency or organization in the delivery of the services based on demonstrated performance. Cost effectiveness is only one component, and not necessarily the primary one and will be evaluated last. C. Contract Award: Contract(s) will be awarded based on the above competitive selection of proposals received. The contents of the proposal of the successful Contractor will become contractual obligations and failure to accept these obligations in a contractual agreement may result in cancellation of the award. D. Final Authority: The final authority to award an Agreement rests solely with the San Bernardino County Board of Supervisors. XII. GENERAL AGREEMENT TERMS: 1. GENERAL A. Representation of the DISTRICTS In the performance of the Agreement, CONSULTANT, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the County of San Bernardino, Special Districts Department. Page 11 of 22
  12. 12. SAN BERNARDINO COUNTY RFP: DISTRCT ENGINEER SERVICES SPECIAL DISTRICTS DEPARTMENT PROPOSAL NUMBER: SDD9999034 February 24, 2004 B. CONSULTANT Primary Contact The CONSULTANT will designate an individual to serve as the primary point of contact for the Agreement. CONSULTANT or designee must respond to District inquiries within two- (2) business days. CONSULTANT shall not change the primary point of contact without written notification to the District. C. Change of Address CONSULTANT shall notify the District in writing, of any change in mailing address within ten (10) business days of the change. D. Subcontracting CONSULTANT agrees not to enter into any subcontracting agreements for work contemplated under the Agreement without first obtaining written approval from the District. Any subcontracting shall be subject to the same terms and conditions as CONSULTANT. CONSULTANT shall be fully responsible for the performance and payments of any subcontractor’s contract. E. Agreement Assignability Without the prior written consent of the District, the agreement is not assignable by CONSULTANT either in whole or in part. F. Agreement Amendments CONSULTANT agrees any alterations, variations, modifications, or waivers of the provisions of the Agreement shall be valid only when reduced to writing, executed and attached to the original Agreement and approved by the required persons and the Board of Supervisors. G. Termination for Convenience The District for its convenience may terminate in whole or in part upon thirty - (30) calendar day’s written notice of this Agreement. If such termination is effected, an equitable adjustment in the price provided for in this Agreement shall be made. Such adjustment shall provide for payment to the CONSULTANT for services rendered and expenses incurred prior to the effective date of termination. Upon receipt of termination notice CONSULTANT shall promptly discontinue services unless the notice directs otherwise. CONSULTANT shall deliver promptly to the District and transfer title (if necessary) all completed work and work in progress, including drafts, documents, plans, forms, data, products, graphics, computer programs and reports. H. Attorney Fees and Costs If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorneys’ fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorneys’ fees directly arising from a third-party legal action against a party hereto and payable under this section part 2, paragragrah A, INDEMNIFICATION. I. Venue The venue of any action or claim brought by any party to this Agreement will be the Central District Court of San Bernardino County. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Agreement is brought by any third-party, the parties hereto agree to use their best efforts to obtain a change of venue to the Central District Court of San Bernardino County. J. Jury Trial Waiver CONSULTANT and DISTRICTS hereby waive their respective rights to trial by jury for any cause of action, claim, counterclaim, or cross-complaint in any action, proceeding, and/or hearing brought by either CONSULTANT against DISTRICT or DISTRICTS against CONSULTANT on any matter arising out of, or in any way connected with this Agreement, the relationship of CONSULTANT and Page 12 of 22
  13. 13. SAN BERNARDINO COUNTY RFP: DISTRCT ENGINEER SERVICES SPECIAL DISTRICTS DEPARTMENT PROPOSAL NUMBER: SDD9999034 February 24, 2004 DISTRICTS, or any claim of injury or damage, or the enforcement of any remedy under any law, statue, or regulation, emergency or otherwise, now or hereafter in effect. K. Licenses and Permits CONSULTANT shall ensure that it has all necessary licenses and permits required by the laws of Federal, State, County, and municipal laws, ordinances, rules and regulations. The CONSULTANT shall maintain these licenses and permits in effect for the duration of this Agreement. CONSULTANT will notify DISTRICTS immediately of loss or suspension of any such licenses and permits. Failure to maintain required licenses/permits may result in immediate termination of this Agreement. L. Labor Laws CONSULTANT shall strictly adhere to the applicable provisions of the Labor Code regarding the employment of apprentices; minimum wages; travel and subsistence pay; retention and inspection of payroll records; workers compensation; payment of wages. The CONSULTANT shall forfeit to the DISTRICTS the penalties prescribed in the Labor Code for violations. M. Notification Regarding Performance In the event of a problem or potential problem that could impact the quality or quantity of work, services, or the level of performance under this Agreement, the CONSULTANT shall notify the DISTRICTS within one- (1) working day, in writing and by telephone. N. Conflict of Interest CONSULTANT shall make all reasonable efforts to ensure that no DISTRICTS officer or employee, whose position in the DISTRICTS enables him/her to influence any award of this contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of this contract or shall have any relationship to the CONSULTANT or officer or employee of the CONSULTANT. O. Inaccuracies or Misrepresentations If in the course of the RFP process or in the administration of a resulting contract, the DISTRICTS determines that the CONSULTANT has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the DISTRICTS, the CONSULTANT may be terminated from the RFP process or in the event a contract has been awarded, the contract may be immediately terminated. In the event of a termination under this provision, the DISTRICTS are entitled to pursue any available legal remedies as prescribed by law. P. Improper Consideration CONSULTANT shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the DISTRICTS in an attempt to secure favorable treatment regarding this Agreement. The DISTRICTS, by written notice, may immediately terminate any Agreement if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the DISTRICTS with respect to the proposal and award process. This prohibition shall apply to any amendment, extension or evaluation process once an Agreement has been awarded. Page 13 of 22
  14. 14. SAN BERNARDINO COUNTY RFP: DISTRCT ENGINEER SERVICES SPECIAL DISTRICTS DEPARTMENT PROPOSAL NUMBER: SDD9999034 February 24, 2004 CONSULTANT shall immediately report any attempt by a DISTRICTS officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from CONSULTANT. The report shall be made to the supervisor or manager charged with supervision of the employee or to the DISTRICTS Administrative Office. In the event of a termination under this provision, the DISTRICTS is entitled to pursue any available legal remedies. Q. Ownership in Documents All documents, data, products, drawings, tracings, graphics, computer programs, and reports prepared by the CONSULTANT pursuant to this Agreement shall be considered property of the DISTRICTS upon payment for services. All such items shall be delivered to DISTRICTS at the completion of the work under this Agreement, subject to the requirements of Section IX, paragraph G (Termination for Convenience). Unless otherwise directed by DISTRICTS, CONSULTANT may retain copies of such items. R. Former County Officials Provide information on former County of San Bernardino administrative officials (as defined below) who are employed by or represent your business. The information provided must include a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. Should also include the employment and/or representative capacity and the dates these individuals began employment with or representation of your business. For purposes of this section, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Administrative Officer or member of such officer’s staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit. Failure to provide this information may result in the response to the request for proposal being deemed non-responsive. 2. INDEMNIFICATION AND INSURANCE REQUIREMENTS A. Indemnification The CONSULTANT agrees to indemnify, defend and hold harmless the County, DISTRICTS and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this Agreement from any negligent act(s) caused by CONSULTANT, including the acts, errors or omissions of any person and for any costs or expenses incurred by the DISTRICTS on account of any claim therefore, except where such indemnification is prohibited by law. B. Insurance Without in any way affecting the indemnity herein provided and in addition thereto, the CONSULTANT shall secure and maintain throughout the Agreement the following types of insurance with limits as shown: 1) Workers' Compensation - A program of Workers' Compensation insurance or a State- approved Self-Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of the CONSULTANT and all risks to such persons under this Agreement. Page 14 of 22
  15. 15. SAN BERNARDINO COUNTY RFP: DISTRCT ENGINEER SERVICES SPECIAL DISTRICTS DEPARTMENT PROPOSAL NUMBER: SDD9999034 February 24, 2004 If CONSULTANT has no employees, it may certify or warrant to DISTRICTS that it does not currently have employees or individuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Compensation coverage will be waived by the County’s Risk Manager. With respect to CONSULTANTS that are non-profit corporations organized under California or Federal law, Volunteers for such entities are required to be covered by Workers’ Compensation insurance. If the County’s Risk Manager determines that there is no reasonably priced coverage for volunteers, evidence of participation in a volunteer insurance program may be substituted. 2) Comprehensive General and Automobile Liability Insurance - This coverage to include contractual coverage and automobile liability coverage for owned, hired and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000). 3) Errors and Omission Liability Insurance – Combined single limits of $1,000,000 for bodily injury and property damage and $3,000,000 in the aggregate; or 4) Professional Liability – Professional liability insurance with limits of at least $1,000,000 per claim or occurrence. C. ADDITIONAL NAMED INSURED All policies, except for the Workers' Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming the County, DISTRICTS and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. D. WAIVER OF SUBROGATION RIGHTS Except for Errors and Omissions and Professional Liability Insurance, the CONSULTANT shall require the carriers of the above required coverage’s to waive all rights of subrogation against the DISTRICTS, its officers, employees, agents, volunteers, CONSULTANTs, and subcontractors. E. POLICIES PRIMARY AND NON-CONTRIBUTORY Except for Errors and Omissions or Professional Liability Insurance, all policies required above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the County. F. PROOF OFCOVERAGE The CONSULTANT shall immediately furnish certificates of insurance to the County Department administering the Agreement evidencing the insurance coverage, including the endorsements above required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department. CONSULTANT shall maintain such insurance from the time CONSULTANT commences performance of services hereunder until the completion of such services. Within sixty- (60) days of the commencement of this Agreement, the CONSULTANT shall furnish certified copies of the policies and all endorsements. Page 15 of 22
  16. 16. SAN BERNARDINO COUNTY RFP: DISTRCT ENGINEER SERVICES SPECIAL DISTRICTS DEPARTMENT PROPOSAL NUMBER: SDD9999034 February 24, 2004 G. INSURANCE REVIEW The above insurance requirements are subject to periodic review by the County. The County’s Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of the DISTRICTS. In addition, if the Risk Manager determines that heretofore, unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized but not required, to change the above insurance requirements, to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the DISTRICTS, inflation, or any other item reasonably related to the DISTRICTS’s risk. Any such reduction or waiver for the entire term of the Agreement and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreement. CONSULTANT agrees to execute any such amendment within thirty- (30) days of receipt. 3. Right to Monitor and Audit A. Right to Monitor The County, DISTRICTS and the State of California shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of CONSULTANT in the delivery of services provided under this Agreement. CONSULTANT shall give full cooperation, in any auditing or monitoring conducted. CONSULTANT shall cooperate with the DISTRICTS in the implementation, monitoring and evaluation of this agreement and comply with any and all reporting requirements established by the DISTRICTS. In the event the DISTRICTS determines that CONSULTANT’S performance of its duties or other terms of this Agreement are deficient in any manner, DISTRICTS will notify CONSULTANT of such deficiency in writing or orally, provided written confirmation is given five- (5) days thereafter. CONSULTANT shall remedy any deficiency within forty-eight- (48) hours of such notification, or DISTRICTS at its option, may terminate this Agreement immediately upon written notice, or remedy deficiency and off set the cost thereof from any amounts due the CONSULTANT under this Agreement or otherwise. B. Availability of Records All records pertaining to services rendered and all fiscal, statistical and management books and records shall be available for examination and audit by County, DISTRICTS, Federal and State representatives for a period of three years after final payment under the Agreement or until all pending County, DISTRICTS, State and Federal audits are completed, whichever is later. **END OF SECTION** Page 16 of 22
  17. 17. SAN BERNARDINO COUNTY RFP: DISTRCT ENGINEER SERVICES SPECIAL DISTRICTS DEPARTMENT PROPOSAL NUMBER: SDD9999034 February 24, 2004 __________________________________________________ ___________________________________________ Printed Name Title / Position CONSULTANT Information: Corporation Partnership Sole Proprietorship CONSULTANT FIRM Owner Name & Telephone # (required if sole proprietorship) Federal Tax ID # Contact Name & Telephone & fax# Mailing Address Remittance Address I, , of Representative name CONSULTANT (organization) have the authority and do submit this proposal to provide to the County of San Bernardino the following: Product/Service Description Cost On - call District Engineer CONSULTANT Services SEE ATTACHED For All Special Districts and Improvement Zones COST SHEET I certify that: 1. All declarations in this proposal and attachments are true to the best of reasonable knowledge, whereof the falsity of such representations entitles the County to pursue any legal remedy. 2. All aspects of this proposal, including cost, have been determined independently, without consultation with any other prospective Proposer or competitor for the purpose of restricting competition. 3. The offer made in this proposal is firm and binding for after receipt of the proposal by Department. 4. All aspects of this RFP and the proposal submitted are binding for the duration if this proposal is selected and a contract awarded. 5. agrees to provide the County with any additional CONSULTANT (organization) information it deems necessary to accurately determine ability to perform services proposed. Furthermore, submission of this proposal constitutes permission by this organization for the County to verify all information contained herein. Failure to comply with any request for additional information may disqualify this organization from further consideration. Such additional information may include evidence of financial ability to perform. 6. Does not have any commitments or potential CONSULTANT (organization) commitments which may impact its assets, lines of credit, guarantor letters, or ability to perform the contract. Authorized Date Signer Print Name Attachment A Page 17 of 22
  18. 18. SAN BERNARDINO COUNTY RFP: DISTRCT ENGINEER SERVICES SPECIAL DISTRICTS DEPARTMENT PROPOSAL NUMBER: SDD9999034 February 24, 2004 PROPOSAL FOR DISTRICT ENGINEER SERVICES PROPOSER’S NAME (name of firm, entity or organization): ____________________________________ FEDERAL EMPLOYER IDENTIFICATION NUMBER: NAME AND TITLE OF PROPOSER’S CONTACT PERSON: MAILING ADDRESS: Street Address: City, State, Zip: TELEPHONE NUMBER: FAX NUMBER: EMAIL ADRESS: PROPOSER’S ORGANIZATIONAL STRUCTURE ___ Corporation ____ Partnership ____ Proprietorship ___ Joint Venture ___ Other (explain): If Corporation, Date Incorporate: State Incorporated: States Registered in as foreign corporation: PROPOSERS SERVICES OR BUSINESS ACTIVITES OTHER THAN WHAT THIS RFP REQUESTS: ________________________ PROPOSER”S AUTHORIZED SIGNATURE: The undersigned hereby certifies that this proposal is submitted in response to this solicitation. SIGNED: __________________________________________ DATE: ____________________________________________ PRINT NAME: ______________________________________ TITLE: __________________________________________ ENGINEER LICENSE______________________________ Page 18 of 22
  19. 19. SAN BERNARDINO COUNTY RFP: DISTRCT ENGINEER SERVICES SPECIAL DISTRICTS DEPARTMENT PROPOSAL NUMBER: SDD9999034 February 24, 2004 Attachment C – References Dates services provided Name of Agency Contact Name Phone Number (from/through) Page 19 of 22
  20. 20. SAN BERNARDINO COUNTY RFP: DISTRCT ENGINEER SERVICES SPECIAL DISTRICTS DEPARTMENT PROPOSAL NUMBER: SDD9999034 February 24, 2004 ATTACHMENT “D” DATE: _____________________________ NO.:__________________ SAMPLE DISTRICT ENGINEER WORK ORDER ___________________________________ ____________________________ District Engineer Account ___________________________________ ____________________________ Address Estimated Cost ___________________________________ Description of services:_______________________________________________________________ _______________________________________________ ___________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ ________________________________ Requestor ___________________ ____________________ __________________ Signature Signature Signature ___________________ ____________________ __________________ District Manager Division Chief Chief, Eng. & Const. cc: Fiscal District Engineer District Manager Page 20 of 22
  21. 21. SAN BERNARDINO COUNTY RFP: DISTRCT ENGINEER SERVICES SPECIAL DISTRICTS DEPARTMENT PROPOSAL NUMBER: SDD9999034 February 24, 2004 ATTACHMENT E AUTHORIZED DISTRICT PERSONNEL LIST The following named individuals shall be responsible for authorizations to work orders for the Districts named: ALL DISTRICTS: Thomas L. Sutton, Interim Director Special Districts Jeff Rigney, Deputy Director of Operations Lisa Manning, Division Chief Water & Sanitation Marty Martin, Regional District Manager Craig Duckworth, Regional District Manager Pamela Vandervoort, Regional District Manager Jim Oravets, Water & Sanitation System Engineer Gary Martin, Senior Project Manager Greg Bacon, Project Manager Bill Mahaney, Inspector, Special Districts 157 W. 5th St., Second Floor San Bernardino CA. 92415-0450 (909) 387-5940 fax (909) 387-5968 CRESTLINE SANITATION DISTRICT: Kathy Whalen, General Manager Joel Stribling, Operations Superintendent 24516 Lake Dr. Crestline CA. 92325 (909) 338-1751 fax (909) 338-5306 SPECIFIC DISTRICTS: (CSA 42, 64, 70, 79, and 82 and their Improvement Zones) Laurie Hull, Administrative Assistant Bill Stone, Water Facility Manager Dave Cloutman, Water Distribution Manager Mark Pattison, Plant Operator 12402 Industrial Blvd. Bldg. D, Ste 6 Victorville, CA. 92392 (760) 955-9885 fax (760) 955-9685 Page 21 of 22
  22. 22. SAN BERNARDINO COUNTY RFP: DISTRCT ENGINEER SERVICES SPECIAL DISTRICTS DEPARTMENT PROPOSAL NUMBER: SDD9999034 February 24, 2004 ATTACHMENT “E” Fee Proposal Guidelines At a minimum the FEE PROPOSAL must include: 1) Schedule of ALL hourly rates for ALL disciplines and employees. 2) Any and all anticipated direct or indirect charges such as: Mileage, Reproductions, Travel, etc. (Per assignment) 3) Listing of anticipated reimbursable expenses (if any) 4) Specific costs for specific engineering services (i.e. Survey Crew Cost per hour) 5) Flat fees (if any) (i.e. Feasibility Study Preparation for 1 EDU) * NOTE: Per County Policy, Work Orders must be limited to $25, 000 or less per assignment. No work orders can be issued for assignments estimated to be greater than $25,000 and will require separate proposals and be competitively and separately evaluated. Districts shall contact Consultants and receive a quote for anticipated services prior to issuance of the work order. Quotes shall include all anticipated costs. Consultant shall bill based on fee schedule and actual expenditures performed. Consultant shall notify District immediately if Consultant determines he will overrun the work order authorized amount. No additional services will be paid for unless authorized in writing prior to services being rendered. Page 22 of 22