RFP for Coachella Valley Associated Governments (CVAG)
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS 73-710 FRED WARING DRIVE, SUITE 200 PALM DESERT, CA 92260 INVITES PROPOSALS FORProject Master Planning, Preliminary Engineering, and Environmental Documents for The Parkway 1e11 Proposals must be received by the CVAG Department of Transportation By 2:00 pm (PDT) August 13, 2012. Late proposals will not be accepted. July 16, 2012
I. OVERVIEWThe Coachella Valley Association of Governments (CVAG) is the sub-regional transportation,economic, social and environmental planning agency for the Coachella Valley area ofRiverside County, which includes the nine cities within the Coachella Valley (Desert HotSprings, Palm Springs, Cathedral City, Rancho Mirage, Palm Desert, La Quinta, Indian Wells,Indio and Coachella), the unincorporated County of Riverside as well as two Indian Tribes.The Valley is located in central Riverside County, California, bounded on the west by the SanGorgonio Pass, on the south by the Riverside and Imperial County Line, on the east by I-10Chiriaco summit and on the north by the San Bernardino County Line. CVAG membershipalso includes the City of Blythe in eastern Riverside County on the Arizona border and outsidethe Coachella Valley. The City of Blythe will not be included in this project.This project, as an innovative approach to alternative forms of transportation, weaves togetherbicycle, pedestrian, and Neighborhood Electric Vehicle modes into one Parkway. Because ofthis unique project, proposers are encouraged to “think outside the box” with regard to tasks,deliverables, materials, and approaches to development of the Parkway and public outreach.Particular attention should be paid to the complex right-of-way issues that are known to existand how to accommodate the Parkway with that in mind.A Preliminary Study Report and other information is available on the CVAG website atwww.CVAG.org. Click the link at the top of the page under Welcome to CVAG, entitledParkway 1e11 for additional resources.The Coachella Valley Association of Governments is requesting proposals from qualifiedconsultants to prepare the Project Master Plan, Preliminary Engineering, and EnvironmentalDocument for the Parkway 1e11 project, a multi-use, bicycle, Neighborhood Electric Vehicle(NEV), and pedestrian trail along the Whitewater River. The project will consist of threedistinct levels of analysis. The first, Level 1, will extend from Desert Hot Springs to the SaltonSea for the master planning phase(see attached Exhibit A). The entire length will be includedin the Project Master Plan with only conceptual analysis for the segment between PalmSprings and Desert Hot Springs and between Coachella and the Salton Sea. These sectionswill not be part of the preliminary engineering and environmental documentation.The second section, Level 2, will be between Palm Springs and Coachella (see attachedExhibit B) and will include environmental compliance and preliminary engineering. Projectlevel environmental compliance and engineering, Level 3, will occur on an early action portion(see attached Exhibit C). Specific boundaries of the early action portion will be determinedthrough the Project Master Plan, preliminary engineering, and environmental documention.Because of funding sources, time is of the essence. A schedule is required to be submittedalong with this proposal and it will be a consideration in the scoring of proposals. Theproposer is encouraged to include ways to facilitate efficient and timely delivery of finalproducts.The consultant will enter into an up to three year contract with CVAG from November 1, 2012to October 31, 2015.
Based on evaluation of the submitted proposals, the Consultants will be ranked and a shortlist of the top ranked firms may be invited to oral interviews. After the oral interviews arecomplete, a final ranking will be prepared. Final negotiations will then proceed with the topconsultant. If terms cannot be reached with a top ranked firm, negotiations with that firm willbe terminated and negotiations will begin with the next ranked firm.II. SCHEDULEThe following schedule is proposed as a guide to the selection of consultants:Request for Proposal released by CVAG ............................... July 16, 2012Deadline for questions ............................................................ August 1, 2012Deadline for receipt of Proposals ............................................ August 13, 2012Consultant Short List .............................................................. August 20, 2012Potential Interviews/Negotiations with Selected Firms ........... August 27, 2012Final Recommendation ........................................................... August 27, 2012Once a final recommendation is reached by the review committee it will go through CVAG’scommittee structure for final action by Executive Committee. It is anticipated that theExecutive Committee will approve the agreement at their regularly scheduled meeting inSeptember.III. SCOPE OF SERVICESThe Coachella Valley Association of Governments seeks a consultant(s) to perform thefollowing scope of services.TASK 1: KICK-OFF MEETINGThe deliverable is the record of decisions and minutes from the kick-off meeting which mayinclude modifications to the work plan and/or schedule. An organization and scoping meetingwill be held with CVAG staff and others to: Review project objectives Review scope of services Confirm study area Collect available data and published materials Review meeting, presentation, and deliverables schedule Establish communication channels Review and list State and Federal required elements Review and list all applicable design, environmental and planning standards Identify other agencies and organizations with which to coordinate Establish procedures for progress reports and quality control
Any necessary changes to the Scope of Work and Schedule will be made at the conclusion ofthis effort, and an amended Scope and Schedule will be published. Decisions made at thekick-off meeting will be documented in meeting minutes.TASK 2: DATA COLLECTION AND FIELD SURVEYThe deliverable is a Data Collection Report for the Master Plan for Level 2 that presents theresults of all tasks listed below. The report should also contain conceptual information forLevel 1. The proposer should clearly identify the amount of detail for Level 1 and Level 2 forthe following subtasks. The report will include working alignments, maps, photographs, andan analysis of the data collected. The findings of the report will be incorporated in the ProjectMaster Plan.Sub-Task A: Collection and Analysis of Baseline InformationAll relevant background information will be collected and reviewed, including: Parkway 1e11 Preliminary Study Report prepared by LSA Associates (http://www.cvag.org/Admin/pdffiles/CVAG%20WWR%20Pkwy%201-25-12.pdf) Whitewater River, All American Canal, and Dillon Road Regional Trails Corridor Study (Dangermond 2009) Coachella Valley Non-Motorized Transportation Plan 2010 and Amendments GIS and Aerial mapping Plans from local jurisdictions including: o General Plan, Parks, Land Use, Circulation Elements o Design Guidelines o Parks and Recreation Plans o Local Bicycle, Trail and/or Golf Cart Plans Available as-built plans for facilities that may affect Project alignment and design Riverside County Department of Public Health Strategic Plan Health Assessment Resource Center Community Health Monitor 2010 Greenhouse gas emissions baseline data and reduction strategies Other relevant documents and local health resource informationSub-Task B: Baseline MappingCVAG resources will be utilized to establish baseline aerial mapping for the project studyarea, including topographic data. Such mapping information will be used by the consultant toprepare maps, reports, alignments, and plans for the Parkway.Sub-Task C: Right-of-Way ResearchResearch the ownership, lease, and/or easement agreements for all parcels that would bepotentially affected by the project. Coordinate with the Coachella Valley Water District and theRiverside County Flood Control District to obtain any relevant information. Review land recordinformation. Conduct formal land surveys as necessary to identify parcel and easement
boundaries in the field. The research will look at existing and planned bike trail segments toassess whether any constraints exist to retrofitting these areas for the Parkway.Sub-Task D: Utility SurveyPrepare list of potentially affected utilities and contact information. Obtain relevant availableutility information, including encroachment permits, for all surface and subsurface utilities.Prepare a base utilities map.Sub-Task E: Field SurveyA site inventory of the study area will be completed, including site photography, surfaceutilities, mature vegetation, drainage, and other features and information. The field work effortwill be summarized and presented as a memorandum on existing conditions, which willinclude site photography, field measurements, and descriptions of field observations and siteconditions. Field measurements will be taken at key constraint areas.TASK 3: PROJECT DESIGN ELEMENTSThe deliverable is a Design Elements Report that will summarize the results of the tasks listedbelow and cover both Level 1 and Level 2. The findings of the report will be incorporated intothe Project Master Plan.Sub-Task A: Establish Project IdentityA design specialist will develop options for project name and identify a brand for the projectfor easy public understanding and recognition. Recommendations for design elements thatwill distinguish the proposed Parkway will be provided. The ultimate decision on projectnaming and distinctive design elements will be made by CVAG.Sub-Task B: Conceptual DesignBuilding upon the design guidelines proposed in the Preliminary Study Report, prepare 10%conceptual design for the Parkway alignment, including structure modifications as needed.Refine the cross-sections proposed in the Preliminary Study Report.Sub-Task C: Public ArtEstablish themes and guidelines for public art and interpretive information.Sub-Task D: Green Construction Materials and PracticesEnvironmentally friendly construction materials and practices, and energy and water efficientdesign will be researched for incorporation into the project. A cost-benefit analysis will beconducted to provide a basis for deciding whether or not to incorporate specific materials andpractices. Leadership in Energy and Environmental Design (LEED) certification for the projectwill be explored.
Sub-Task E: Charging Station PlanningCVAG will be preparing a Plug-In Electric (PEV) Readiness Plan that links on-road PEVcharging needs with NEV charging needs associated with the “trunk line” facility along andconnected to the Whitewater River. Results of that study, e.g. optimal locations, will beintegrated into this work plan. Stations will be designed consistent with Program Objectivesand in accordance with the project identity (Sub-Task A).TASK 4: PUBLIC OUTREACH/PARTICIPATORY PLANNINGThe deliverable will be a Public Outreach Summary Report for Level 2, which is described inmore detail below. The findings of the report will be incorporated into the Project Master Plan.Proposers are encouraged to suggest different ways of handling public outreach andparticipatory planning. The following Sub-Tasks are the minimum requirement to meet thisTask.Sub-Task A: Meet with Key Property Owners and Lease HoldersIdentify key property owners and leaseholders along the proposed alignment. Meetindividually with all key owners and leaseholders to inform them of the project and to identifyconstraints and opportunities. Schedule follow-up meetings as necessary to address concernsor develop new ideas.Sub-Task B: Form CVAG Technical Working GroupUtilizing the CVAG organizational structure, CVAG will appoint a technical working group toreview results of Tasks 1-3 and to provide feedback. Refine alignment and design proposalbased on feedback. It is anticipated that the Technical Working Group will meet ten times perover the life of the project. The proposer should include a cost estimate for each meeting.Sub-Task C: Stakeholders IdentificationCreate list of all potential stakeholders and their contact information, including unincorporatedcommunities, interest groups, homeowner associations, NEV, golf cart and bicyclebusinesses, local community councils, environmental justice groups, Tribal Councils, CountyPublic Health and other health care related agencies, and all other groups that may beaffected by the project.Sub-Task D: Prepare Presentation MaterialsDevelop a PowerPoint presentation and other graphic materials to present the conceptualproject to the stakeholders at several meetings/workshops. Prepare project website. Prepareinformational pamphlets. Prepare social media (Twitter, Facebook, etc.) sites so thatinterested parties can be kept abreast of the progress of the project. Respond to commentsand update the website and social media sites as needed. Prepare press releases as needed.Prepare and update an e-newsletter to be posted on the project website. All materials shouldbe in English and Spanish.
Sub-Task E: Public WorkshopsSchedule a series of three workshops (one in the western Coachella Valley, one in the centralCoachella Valley, and one in the eastern Coachella Valley) in English and Spanish where thepublic will be invited to ask questions, and provide input. The Consultant shall provide aSpanish translator at the public workshops. Incorporate input feedback into the conceptualplans. Identified stakeholders will receive individual notification and invitations. Workshops willalso be advertised to the general public through newspapers and other media. Child care willbe available for working families and transportation may also be provided to workshoplocations. In addition to general project workshops, five topical workshops will also bescheduled. Topics for special workshops may include the following: benefits for environmentaljustice communities; project design elements; economic opportunities; and balancing multipleusers.Sub-Task F: Public Outreach Summary ReportA report summarizing the public outreach efforts and results will be prepared. The report willaddress project changes that have resulted from the public outreach, and explain any popularrequests that could not be incorporated into the project. This report will be included in theProject Master Plan.TASK 5: PREPARATION OF PROJECT MASTER PLANThe deliverable will be a Project Master Plan for Level 2 that presents the results of Tasks 2-4above and includes a recommended alignment, preliminary engineering plans, assessment ofair quality benefits, programmatic environmental compliance, and other elements which areoutlined in the subtasks below. For Level 1, the Project Master Plan will include conceptualalignments and design recommendation.The Level 2 Project Master Plan will enable CVAG to issue an RFP to prepare constructiondocuments and, coupled with the environmental document, project level environmentalcompliance, and ultimately construction of the entire project.Sub-Task A: AlignmentSchematic drawings of the preferred alignment and alternative alignments will be prepared asneeded. The conceptual geometrics will be shown in plan view on the digital survey mapsshowing centerlines and edges of the path. Access options will be included.Sub-Task B: Right-of-Way StrategyRight-of-way for this project is very complicated. The proposer should include a strategy onhow to approach the right-of-way issue especially as it relates to multiple property owners,easements, and titles. Tribal ownership will also be a factor. The proposer should contact andcoordinate with CVWD and the Riverside County Flood Control District since much of theParkway alignment follows the Whitewater Flood Control channel.
Sub-Task C: Preliminary Engineering PlansPreliminary engineering plans will be developed at a 10% level. The plans will include ageneral inventory of infrastructure requirements such as paved and earthen paths, amenities,surface utilities, fencing, trailheads, charging facilities, etc. The plans shall also look atpotential users of the path (bikers, NEVs, emergency equipment, etc.) and developappropriate surface and subsurface treatments to accommodate all users.Sub-Task D: Air Quality Impacts/Greenhouse Emissions Reduction StrategiesThe project’s impacts to air quality, including PM10 and greenhouse gas emissions, will beanalyzed and projected. Air quality impacts from project construction will also be assessed.Greenhouse gas emissions reduction strategies will be developed.Sub-Task E: Parkway Management and Maintenance PlanOptions for maintenance and management will be explored and a Management andMaintenance Plan, including an administrative structure, will be recommended. Fundingstream options will be explored and recommended for long term maintenance (e.g. pavementmanagement system). The Plan will include cost estimates to appoint or establish themaintenance body and to administer maintenance over time.Sub-Task F: Other ElementsOther elements will be covered in the Project Master Plan, including the following: Signage Conceptual water-efficient landscaping and irrigation plan Lighting plan Amenities plan Preliminary cost estimates Phasing recommendations Cost estimatesTASK 6: Environmental ComplianceThe Scope of Work for the project is a Programmatic Environmental Impact Report(EIR)/Environmental Impact State (EIS) for Level 2, consistent with CEQA/NEPA guidelinesand requirements consisting of the following tasks:Subtask A: Initial Study/Environmental AssessmentPer CEQA/NEPA requirements, an Initial Study/Environmental Assessment shall be preparedto identify potential issues with regards to the Programmatic EIR/EIS. Results from the IS/EAand the Project Master Plan may indicate that a portion of the Parkway 1e11 may be suitablefor final environmental clearance. If that is the case, the Programmatic EIR/EIS may be
expanded to include a Final EIR/EIS or other appropriate environmental document (see Task8 below).Subtask B: Notice of Preparation/Notice of IntentPer CEQA and NEPA requirements, a Notice of Preparation/Notice of Intent shall be preparedby the consultant and that notice shall be posted as required.Subtask C: Public Scoping MeetingThe Consultant shall advertise and hold a public scoping meeting to be held at a location yetto be determined.Subtask D: Draft Programmatic EIR/EISThe Consultant shall prepare a draft Programmatic EIR consistent with CEQA and NEPA.Topics shall include, but not be limited to: A. Aesthetics B. Agricultural Lands C. Air Quality D. Biological Resources E. Cultural Resources F. Environmental Justice G. Geology/Soils H. Greenhouse Gas Emissions I. Hazards and Hazardous Materials J. Hydrology/Water Quality K. Land Use/Planning L. Mineral Resources M. Noise N. Population/Housing O. Public Services P. Recreation Q. Transportation/Traffic R. Utilities/Service Systems S. Mandatory Findings of SignificanceFive copies of the Draft Screencheck Programmatic EIR shall be submitted to CVAG forcomment. It is anticipated that there will be two screencheck reviews prior to completion of thefinal draft.Subtask E: Notice of CompletionOnce the draft is ready for public review, the Consultant shall submit the required Notice ofCompletion to the State Clearinghouse along with the mandatory number of hard andelectronic copies and other noticing requirements (i.e. notice in the newspaper) as needed.Postage or delivery and notices shall be paid for by the Consultant.
Subtask F: Notices for Public ReviewNotices for public review, along with needed postage and noticing costs (i.e. notice in anewspaper), shall be prepared and sent by the Consultant. Postage and notices shall be paidfor by the Consultant.Subtask G: Response to CommentsThe Consultant shall respond to comments received during the public review period. Fivecopies of a screencheck Response to Comments shall be prepared and submitted to CVAGfor comment prior to the preparation of the Final EIR. It is expected that there will be onereview of the screencheck Response to Comments.Subtask H: Final EIR/EISThe Consultant shall prepare the Final EIR/EIS complete with required findings, Mitigation,Monitoring and Reporting Program, and, if needed, Statements of Overriding Consideration.Five copies of the screencheck Final EIR/EIS shall be submitted to CVAG for review. It isanticipated that there will two screencheck reviews by CVAG prior to release of the Finaldocument.Subtask I: Notices for Final Consideration and ApprovalOnce ready for final approvals, the Consultant shall supply CVAG with 20 hardcopies and 50electronic copies on CD of the final EIR/EIS for public review. The review process by CVAGwill involve consideration by the Technical Planning Subcommittee, the Technical AdvisoryCommittee, and the Executive Committee. It is expected that there will be two meetings ateach committee lasting up to two hours each, excluding travel time, for a total of six meetings.The Consultant shall prepare the staff reports for each meeting and make presentations onthe final document at the meetings.Subtask J: Notice of Determination/Record of DecisionOnce approved by the Executive Committee, the Consultant shall file the Notice ofDetermination and Record of Decision. The filing fees will be paid by CVAG.TASK 7: DEVELOP COACHELLA VALLEY NEV TRANSPORTATION PLANDevelopment and approval of an NEV Transportation Plan for the Coachella Valley isnecessary, as required per California statute, prior to construction of the proposed Parkway1e11 Project. Assembly Bill (AB) 31 authorizes Riverside County jurisdictions to develop NEVTransportation Plans. The legislation establishes the requisite components and the processfor approval of an NEV Plan. Some of the NEV Plan elements will be developed as part of theProject Master Plan. A draft Coachella Valley NEV Transportation Plan will be developed forsubmission to requisite reviewers. The schedule assumes four months to complete a DraftNEV Transportation Plan that is approved by CVAG, and another four months to process the
NEV Plan through required reviews and approvals. The NEV Transportation Plan will be anaddendum to the Project Master Plan.TASK 8: PROJECT PLANS FOR EARLY ACTION SECTIONSOne of the goals of the project is to identify and develop an initial early phase (Level 3) thatmay be ready for construction. CVAG has identified one potential segment (see attachedExhibit C). However, depending on the findings of the Master Plan and preliminaryengineering, another phase or phases may be more appropriate. The proposer should includean approach on how to address this task and include a proposed budget for this work.As identified, it is known that right-of-way will be a major issue. The proposer should outline astrategy and budget on dealing with this in the project plan level.Project level plans, specification, and estimates, and environmental compliance documentswill be prepared for project section(s) identified has having few constraints. This should be ata level (100% plans) to allow for advertising and award for construction of the Parkwaysection identified for early action. Existing and previously planned sections of bike trail alongthe Project corridor are expected to have few constraints to retrofitting them to accommodateNEVs. The working alignment of the Parkway Project includes approximately eight miles ofexisting bike trail. An additional three miles of bike trail is already planned, and partiallyfunded, along the Whitewater in Cathedral City. Other sections without existing or plannedfacilities may also be identified for early action. The project level plans and environmentaldocuments will constitute an addendum to the Project Master Plan with specific tasks andbudget to be negotiated once the early action section(s) is identified.Sub‐Task A: Identification of Section(s) for Early ActionIdentify existing and planned bike trail sections of the Project corridor that can be easilyretrofitted for near‐term construction. Identify any undeveloped sections with few constraintsto Parkway development. Define a section or sections of the Project for project level planningand near‐term construction.Sub-Task B: Environmental ComplianceEnvironmental documents will be prepared, including any required technical studies, forCEQA and, if needed, NEPA compliance. Required environmental permits, consultations,etc., shall be identified.Sub‐Task C: Construction DocumentsLandscape architects and civil engineers will prepare construction documents for CVAGreview at 30%, 60%, 90% and 100% stages. It is anticipated that all plans will be reviewedand approved by CVWD, a local City engineering staff, or an independent contractor duringthe various stages. Because much of the right-of-way will be along CVWD right-of-way,CVWD will definitely need to review and approve regardless of who finally approves andstamps the final plans. Proposers should identify an approach to construction documentsdevelopment and review.
The documents will include standard details, including construction notes, plan and profilesheets, landscape and irrigation plan, and construction detail for amenities. The amenities areexpected to include electric vehicle charging stations.IV. PROPOSAL REQUIREMENTSThe requirements of this section are mandatory and failure to comply completely will deemthe proposal non-responsive. A. The submittal will not exceed 35 pages (size 8½” x 11”) including the cover letter and all Exhibits. The overall budget and timeline is in addition to this limitation and may be 11” x 17”. B. Proposals must be submitted by email in a PDF format. Emails are limited to 5 MB. Facsimile machine (FAX) or mailed proposals will not be accepted. C. The proposal will include the name of the consultant submitting the proposal and the mailing address, telephone number, and name of the individual to contact if further information is needed. D. The prospective consultant will designate by name the project manager to be employed. The selected consultant will not substitute the project manager without prior approval of CVAG. E. All proposals must be received by CVAG by 2:00 pm August 13, 2012. Proof of receipt before the deadline is a time and date receipt on the email. It is the responsibility of the firm replying to this RFP to see that any proposal shall have sufficient time to be received by CVAG. Proposals must be submitted to: Michael Shoberg, Transportation Program Manager Coachella Valley Association of Governments firstname.lastname@example.org (760) 346-1127 F. Each Proposal must include the following items: Signed Proposal Related Experience including the project manager and key staff Technical Proposal including any additions, deletions, or modifications to the work plan. The technical proposal should specify the proposers understanding of the project and local conditions. Budget. This should include a detailed cost of the work performed identifying by position the hours associated with each task, as well as direct, indirect and overhead costs.
Note: There are two funding sources for this project, one for the Preliminary Engineering and Project Master Planning and one for the Environmental Documents. The budget shall breakdown the tasks accordingly. A timeframe and work schedule. The schedule must specify the estimated hours to accomplish each task. G. All professional services proposals will remain in effect until November 6, 2012. H. Cost of developing the proposal is the responsibility of the proposer and will not be billable to CVAG. I. Proposers, their representatives, agents or anyone else acting on their behalf should only contact CVAG staff for any purpose related to this RFP as directed below. Any questions, technical or otherwise, pertaining to this request for RFP must be submitted IN WRITING and directed to: Michael Shoberg Transportation Program Manager CVAG 73-710 Fred Waring Drive, Suite 200 Palm Desert, CA 92260 Ph. (760) 346-1127 Email: Mshoberg@cvag.org Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFP. The deadline for all questions is 5:00 P.M., Local Time, August 1, 2012. Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. Any Addenda will be posted on CVAG’s website. J. Proposers are encouraged to include an intern program through the College of the Desert School of Applied Sciences and Business into their proposals. Please contact John A. Jaramillo at 760-773-2571 or at: email@example.com K. Consistent with grant requirements imposed on CVAG, there is a15% retention for this project.V. RESPONSIBILITY OF PROPOSERIf it is found that a proposer is not responsible (e.g. has not paid taxes, is not a legal entity,has submitted a proposal without an authorized signature, has falsified any information in theproposal, etc.), the proposal will be rejected.
All Proposer(s) shall describe any exception or deviation from the requirements of the RFP orthe sample CVAG agreement attached as Exhibit A. PLEASE NOTE THIS IS A SAMPLEAGREEMENT ONLY. CVAG WILL NEGOTIATE A SEPARATE AGREEMENT WITH THESELECTED PROVIDER. Each clarification, exception, or deviation must be clearly identified.If your firm has no clarification, exception or deviation, a statement to that effect shall beincluded in this section.VI. CONSULTANT SELECTION A. Each proposal will be reviewed by an evaluation group to determine if it meets the proposal requirements. Failure to meet the requirements for the Request for Proposals will be cause for rejection of the proposal. The following scoring system will be used: Project understanding: Degree of understanding of the project (25 points). Scope of Work: Proposed approach to the project including the expected time commitment of key personnel and technical approach to the project (25 points). Budget: Based on the scope of work outlined in this RFP, a budget including cost breakdowns. (20 points). Project Firm/Manager/Staff Qualifications: Qualifications of the staff assigned to manage and conduct the project (20 points). Schedule: Thoroughness and reasonableness of project schedule (10 points). B. The evaluation group may ask for formal oral presentations from the selected consultants. The number one ranked consultant will then proceed to fee negotiation. C. The prospective consultant is advised that should this Request for Proposal result in award of a contract, the contract will not be in force until it is approved and fully executed by CVAG. D. The selected consultant will work closely with CVAG Staff through the duration of the project. E. CVAG reserves the right to withdraw this RFP at any time without prior notice. F. CVAG reserves the right to reject all proposals in the event that it determines, in its sole discretion that adequate services cannot be obtained at a fair and reasonable cost that is within the budget available for the project. G. CVAG further reserves the right to waive, in its sole discretion, any irregularities or informalities in the proposals received which it deems correctible or otherwise not warranting rejection of the bid.
H. CVAG makes no representations that any Agreement will be awarded to any organization responding to this RFP. CVAG expressly reserves the right to postpone reviewing the Proposal for its own convenience and to reject any and all Proposals responding to this RFP without indicating any reasons for such rejection(s). I. CVAG reserves the right in the event it determines, in its sole discretion, to award the contract to more than one proposer if to do so is in the best interests of CVAG.If you have any questions or if you need additional information, please contact us at (760)346-1127.Michael Shoberg, Transportation Program ManagerEmail address: firstname.lastname@example.org
AGREEMENTTHIS AGREEMENT is made this __________________ day of _________, 2012, by and between theCOACHELLA VALLEY ASSOCIATION OF GOVERNMENTS, hereinafter referred to as “CVAG,” and___________________, hereinafter referred to as “CONSULTANT.” WITNESSETH:WHEREAS, CONSULTANT has the management and technical personnel, expertise, and otherassets useful for providing services for the _____________________; andWHEREAS, CVAG is desirous of obtaining such services; andWHEREAS, CONSULTANT is desirous of providing such services;NOW, THEREFORE, in consideration of the foregoing recitals and covenants and agreements of eachof the parties herein set forth, the parties hereto do agree as follows: 1. Scope of Work: CVAG hereby contracts with CONSULTANT to perform the services as set forth in Exhibit “A,” Scope of Services, attached hereto and by reference incorporated herein and made a part hereof. 2. Price Formula: CVAG agrees to pay CONSULTANT for services set forth in Exhibit “B,” attached hereto and by reference incorporated herein and made a part hereof. (insert proposer’s budget) 3. Time Period: The term of this Agreement shall commence on ____________, and continue with final delivery of the products described in Exhibit “A” on or before ____________. CONSULTANT agrees to provide data not only in paper copy but also on magnetic media in a format dictated by CVAG. CONSULTANT will make every effort within their control to meet delivery schedules set forth herein. CVAG reserves the right to utilize other firms at its discretion for accomplishment of similar services or products. 4. Invoices: CONSULTANT shall submit invoices on a monthly basis (in duplicate) to CVAG for services completed within the prior month. CONSULTANT shall support each invoice with a progress report detailing the services accomplished. Invoices shall be presented to CVAG describing completed elements of the services described in Exhibit “A.” 5. Payment: All payment by CVAG shall be made in arrears, after the service has been provided and no more frequently than monthly. Payment of said project invoice shall be made within thirty (30) days of receipt provided that the CVAG Project Manager has confirmed that invoice charges are in reasonable agreement with the project tasks, deliverables and current progress report. Payments to CONSULTANT shall be by voucher or check payable to and mailed first class to: Name Company Address City, State, Zip 21
6. Billing Format and Content: Requisitions for payment shall be specified in a written notice to CVAG. Specific budget category detail is given below: a. Direct Labor: All direct labor charges should be billed by class of employee at the per- hour rates set forth in Exhibit B. b. Subcontracting: CONSULTANT shall perform the services contemplated with resources available within its own organization and no portion of the services pertinent to this contract shall be subcontracted without written authorization by the CVAG Executive Director or designee, except that which is expressly identified in CONSULTANT’S Proposal. c. Direct Costs: All direct costs billed must be specifically identified without any overhead or mark-up and be pre-approved by CVAG in writing. Travel costs may not exceed the per diem and mileage rates payable to CVAG employees. Any direct costs not specifically identified in the contract budget cannot be reimbursed. d. Fee Schedule: CVAG agrees to pay CONSULTANT for services as set forth in Exhibit “B,” Agreement Price, attached hereto and by reference incorporated herein.7. Contract Retainer: There will be a 15% retention from billings for this Agreement.8. Staffing: There shall be no change in CONSULTANT’S Project Manager or members of the project team without prior written approval by CVAG.9. Termination: CVAG may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon Consultant at least thirty (30) days prior written notice. Upon tender of said notice, Consultant shall immediately cease all work under this Agreement, unless further work is authorized by CVAG. In the event this Agreement is terminated pursuant to this Section, CVAG shall pay Consultant only for work that has been accepted by CVAG up to the time of the notice of termination. Work in process will not be paid unless CVAG agrees in writing to accept the partial work, in which case, prorated fees may be authorized. Upon termination of the Agreement pursuant to this Section, Consultant will submit a final invoice to CVAG. Payment of the final invoice shall be subject to approval by the CVAG Project Manager.10. Management: During the term of this Agreement, CONSULTANT shall provide sufficient executive and administrative personnel as shall be necessary and required to perform its duties and obligations under the terms hereof.11. Inspection of Work: CONSULTANT shall permit CVAG the opportunity to review and inspect the project activities at all reasonable times during the performance period of this agreement including review and inspection on a daily basis.12. Audits/Material Retained: CONSULTANT shall retain project-related accounting records, materials, reports and worksheets for a minimum of three (3) years after the delivery of the final product. Said records, materials, reports and worksheets shall be available to CVAG on request. 22
13. General Insurance: Throughout the term of this Agreement, CONSULTANT shall procure and maintain insurance, including Workers’ Compensation as required by law for its personnel, and a one million dollar ($1,000,000) commercial general liability policy. CONSULTANT shall include CVAG and its member agencies and the Coachella Valley Water District, its employees, directors, officers, and agents as additional insured on this commercial liability policy for covered liabilities caused by CONSULTANT in its performance of services under this contract and shall provide CVAG with a certificate verifying such coverage. CONSULTANT agrees that the bodily injury liability insurance herein provided for shall be in effect at all times during the term of this contract. In the event said insurance coverage expires at any time or times during the term of this contract, CONSULTANT agrees to provide at least five (5) days notice prior to said expiration date, and, prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided herein for no less than the remainder of the term of the contract, or for a period of not less than one (1) year. New certificates of insurance are subject to the approval of the CVAG. In the event CONSULTANT fails to keep in effect at all time insurance coverage as herein provided, CVAG may, in addition to any other remedies it may have, terminate this contract upon occurrence of such event. Other Insurance Provisions: CVAG and member agencies are to be covered as insured as respects liability arising out of automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to CVAG and member agencies. Minimum requirements are $100,000/$300,000/$25,000. For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects to CVAG. Any insurance or self- insurance maintained by CVAG shall be in excess of the CONSULTANT’S insurance and shall not contribute with it. Any failure to comply with reporting or other provisions of the policies including breach of warranties shall not affect coverage provided to CVAG. The CONSULTANT’S insurance shall apply separately to each insured against whose claim is made or suit is brought except with respect of the insured’s liability. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to CVAG.14. Equal Employment Opportunity: In connection with the execution of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age or national origin.15. Disputes: Any dispute concerning a question of fact arising under this contract that is not disposed of any agreement shall first be decided by the CVAG Executive Director or designee, who may consider written or verbal evidence submitted by CONSULTANT. This decision shall be issued in writing. However, no action in accordance with this Section shall in any way limit either party’s rights or remedies through actions in a Court of Law with appropriate jurisdiction. Neither the pendency of a dispute nor its consideration by CVAG will excuse CONSULTANT from full and timely performance in accordance with the terms of this agreement.16. Ownership of Data: Ownership and title to all reports, documents, plans, specifications and estimates first produced as part of this contract shall automatically be vested with CVAG and no further agreement will be necessary to transfer ownership to CVAG. 23
17. Prohibited Interest: CONSULTANT declares and warrants that no undue influence or pressure was or will be used against or in concert with any officer or employee of CVAG in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No member, officer or employee of CVAG during his/her tenure or one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof.18. Communications: All notices hereunder and communications with respect to the Agreement shall be effective upon the mailing thereof by registered or certified mail, return receipt requested, and postage prepaid to the persons named below: If to CONSULTANT: Name Company Address City, State, Zip If to CVAG: Name Transportation Program Manager Coachella Valley Association of Governments 73-710 Fred Waring Dr., Suite 200 Palm Desert, CA 9226019. Succession: This Agreement shall be binding on and inure to the benefit of the heirs, executors, administrators and assigns of the parties hereto.20. Headings: The headings or titles to paragraphs of this Agreement are not part of the Agreement and shall have no effect on the construction or interpretation of any part of this Agreement.21. Final Payment Certification and Release: CVAG shall not be obligated to make final payment to CONSULTANT until CONSULTANT has fully performed under this agreement and provided written assurances that CONSULTANT has paid in full all outstanding obligations incurred as a result of Consultants performance hereunder and that no property of CVAG or its members is subject to any unsatisfied claim as a result of performance of the services (including without limitation, if CVAG requests, releases satisfactory in form to CVAG executed by all parties who by reason of furnishing material, labor or other services described are potential lienors against CVAG or property) All obligations owing by CVAG to CONSULTANT shall be deemed satisfied upon CONSULTANTS acceptance of the final payment. Thereafter, no property of CVAG shall be subject to any unsatisfied lien or claim arising out of this Agreement.22. Services: Services supplied by CONSULTANT in performance of this Agreement shall be performed by personnel who are careful, skilled, experienced and competent in their respective trades or professions. CONSULTANT agrees that it is supplying professional services and/or findings in the performance of this Agreement and that the same shall conform to the level of professional consulting services which are generally provided in the 24
United States by consultants providing similar services under similar conditions in similar localities.23. Scope of Services Changes: The Scope of Services shall be subject to changes by additions, deletions or revisions thereto by CVAG. CONSULTANT will be advised of any such changes by written notification. CONSULTANT shall promptly perform and strictly comply with each such notice. If CONSULTANT believes that performance of any change would justify modification of the Agreement price or time for performance, CONSULTANT shall comply with the claims provisions set out hereinbelow.24. Claims: CONSULTANT shall give CVAG written notice within seven (7) days after the happening of any event which CONSULTANT believes may give rise to a claim by CONSULTANT for an increase in the Agreement price or time for performance. Within fourteen (14) days after the happening of such event, CONSULTANT shall supply CVAG with a statement supporting CONSULTANT’S claim, which statement shall include a detailed estimate of the change in Agreement price or schedule occasioned thereby. CVAG shall not be liable for, and CONSULTANT hereby waives, any claim or potential claim of which CONSULTANT knew, or should have known, and which was not reported by CONSULTANT in accordance with the provisions of this paragraph. CONSULTANT agrees to continue performance of the services described during the time any claim hereunder is pending. CVAG shall not be bound to any adjustments in the Agreement Price for CONSULTANT’S claim unless expressly agreed to by CVAG in writing. No claim hereunder by CONSULTANT shall be allowed if asserted after final payment under this Agreement. Any claim denied by CVAG may be pursued under Paragraph 15 Disputes.25. Indemnity: To the fullest extent permitted by law, CONSULTANT shall indemnify, protect, defend and hold harmless CVAG, its member agencies, any and all of its officials, employees, and agents; and the Coachella Valley Water District, its employees, directors, officers, and agents from and against any and all losses, liabilities, damages, costs and expenses, including attorneys fees and costs, which arise out of, pertain to, or relate to CONSULTANTS alleged act(s) or failure(s) to act.”26. Force Majeure: Neither party shall hold the other responsible for damage or delays in performance caused by acts of God or other circumstances beyond the control of the other party which could not have been reasonably anticipated or prevented.27. Venue: Any litigation concerning this Agreement shall take place in the Riverside County Superior Court, Indio branch.28. In performance of the services, it is understood that CONSULTANT may be supplied with certain information and/or data by CVAG, and that CONSULTANT will rely on same. It is agreed that the accuracy of such information is not within CONSULTANT’S control, and CONSULTANT shall not be liable for its accuracy, nor for its verification. No report, information, or other data given to or prepared or assembled by CONSULTANT pursuant to this agreement, shall be made available or sold to any individual or organization by CONSULTANT without the prior written approval of CVAG.29. Authority: The persons executing this Agreement on behalf of CONSULTANT warrants and represents that he/she has the authority to execute this Agreement on behalf of CONSULTANT and has the authority to bind CONSULTANT to the performance of its obligations hereunder. 25
30. Precedence: a. Agreement b. Exhibit “A,” Scope of Services c. Exhibit “B,” Agreement Price d. Additional exhibits may be added from time to time as needed by CVAG for services to be performed during the period of this contract and/or will be made a part hereof upon their execution by the parties.IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by andthrough their respective officers thereunto duly authorized on the date written below their signatures.COACHELLA VALLEY ASSOCIATION Name of ConsultantOF GOVERNMENTSBy:________________________________ By:_______________________________ Tom Kirk CVAG Executive DirectorDate:______________________________ Date:_____________________________ 26
Exhibit “A”Coachella Valley Association of Governments XXXXXXXXXXXXXXX Scope of Services 27
Exhibit “B”Coachella Valley Association of Governments XXXXXXXXXXX Agreement Price 28