F02861-Magnolia Storm Drain Project Request for Geotechnical.pdf

Rev. 9/2025 - Pro. Services

Request for Proposal No.

PWG126-ADMIN-6298

Professional Geotechnical Services

San Bernardino County Flood Control District

825 East Third Street, Room 140 San Bernardino, CA 92415-0835 Release Date: February 26, 2026

Request for Proposal Geotechnical Investigation

No. PWG126-ADMIN-6298

I. INTRODUCTION

A. Purpose The San Bernardino County Flood Control District (District) is seeking Proposals from interested and qualified Proposers to provide professional geotechnical services for the Magnolia Storm Drain Project (F02861) (Project) in the City of Chino and City of Ontario. Please refer to Section V, Scope of Work, and Section VI, Proposal Submission, for additional information.

The Project is proposing to improve the existing 1.4-mile storm drain that runs from West Philadelphia Street to Cypress Channel along Mountain Avenue, Walnut Avenue, and Cypress Avenue in the City of Chino and City of Ontario. The proposed Project involves construction of a new reinforced concrete box (RCB) culvert storm drain to replace the undersized existing storm drain from Mountain Avenue and Philadelphia Street (Ontario) to Cypress Channel at Riverside Drive (Chino) to convey the 100-year storm event flows.

Proposers are required to provide a Fee Proposal Sheet(s) with their Proposal to this RFP. Proposers shall also include a separate Fee Proposal Sheet(s) for each subconsultant (if any). A sample Fee Proposal Sheet(s) is found in Attachment E to this RFP. The Fee Proposal Sheet(s) shall include the information requested in Attachment E. The contract shall include a schedule of fees that will be valid for the contract term.

B. RFP Contact

All correspondence, including Proposals and questions (no bid questions), must be submitted to the person identified below (RFP Contact):

San Bernardino County Flood Control District Flood Control Engineering Attn: Eloy Ruvalcaba, Supervising Engineer, P.E.

825 East Third Street, Room 140 San Bernardino, CA 92415-0835

(909) 387-7965 (phone) eruvalcaba@dpw.sbcounty.gov (e-mail)

Proposals will not be accepted by email or facsimile (not bid questions). Proposals must be submitted electronically through the County Electronic Procurement Network (ePro), and/or via in-person (provide flash drive). The completed and signed proposal must be received by the Deadline for Proposals specified in Section II – Proposal Timeline. All Proposers must register with the ePro system prior to the date and time to submit the proposal or they will be disqualified.

C. Reserved

D. Contract Term Services to be provided under this Request for Proposals (RFP) are outlined under Section V, Scope of Work. The Contract period will be for a maximum of one (1) year beginning on April 16, 2026, and ending on April 15, 2027.

E. Reserved

F. Assistance to Proposers with a Disability Proposers with a disability may request accommodation regarding the means of communicating this RFP or participating in the procurement process. For more information, contact the RFP Contact no later than ten (10) days prior to the Deadline for Proposals.

mailto:eruvalcaba@dpw.sbcounty.gov

Request for Proposal Geotechnical Investigation

No. No. PWG126-ADMIN-6298

II. PROPOSAL TIMELINE

Release of RFP February 16, 2026

Deadline for Submission of Questions February 27, 2026 – 12:00 pm Local Time

Deadline for Proposals March 13, 2026 – 12:00 pm Local Time

Date for Tentative Contract Award April 2026

Questions regarding the contents of this RFP must be submitted in writing in ePro on or before the Deadline for Submission of Questions. All questions will be answered, and both the question and answer will be posted as an Addendum to the RFP in ePro.

III. DEFINITIONS

Capitalized terms used in this RFP shall have the meanings given to them in the RFP and as defined below:

Board: The San Bernardino County Flood Control District Board of Supervisors.

District: San Bernardino County Flood Control District.

Contract: The Contract between the District and the Proposer resulting from the award issued pursuant to this RFP to the successful Proposer.

Consultant: Any individual, company, firm, corporation, partnership or other organization to whom a contract award is made by the District.

Facilitator: A County Purchasing Department buyer or designated individual tasked with managing the processes of the evaluation panel.

Proposal: The offer to provide specific goods or services at specified prices and/or other conditions specified in the RFP.

Purchasing Agent: The Director of the County Purchasing Department.

Request For Proposal (RFP): The request for an offer from Proposers interested in providing the identified services sought to be procured by the District. The RFP specifies the evaluation factors to be used and contains or incorporates by reference contractual terms and conditions applicable to the procurement.

Services: The requested professional services described in this RFP.

Subcontractor: An individual, company, firm, corporation, partnership or other organization, not in the employment of or owned by Consultant who is performing services on behalf of Consultant under the Contract or under a separate contract with or on behalf of Consultant.

IV. PROPOSAL CONDITIONS

A. Authorized Signatures

All proposals must be signed by an individual authorized to bind the Proposer to the provisions of the

RFP.

B. Term of Offer

Proposals shall remain open, valid and subject to acceptance anytime within nine (9) months after the Proposal submission.

Request for Proposal Geotechnical Investigation

C. Required Review

Proposers should carefully review this RFP for defects and questionable or objectionable material.

Comments from Proposers concerning defects and objectionable material in this RFP must be made in writing and received by the RFP contact prior to the deadline for submission of questions identified in Section II or at least ten (10) calendar days before the Deadline for Proposals (whichever occurs last).

This will allow issuance of any necessary amendments or addendums to the RFP. It will also help prevent the opening of a defective RFP and exposure of Proposals upon which an award could not be made.

Protests based on any omission or error, or on the content of this RFP, may be disallowed if not submitted in writing to the attention of the RFP Contact prior to the deadline for submission of questions identified in Section II or at least ten (10) calendar days before the Deadline for Proposals (whichever occurs last).

D. Incurred Costs

The District is not obligated to pay any costs incurred by Proposer in the preparation of a Proposal in response to this RFP. Proposers agree that all costs incurred in developing a Proposal are the Proposer’s responsibility.

E. Amendments/Addendums to RFP The District reserves the right to issue amendments or addendums to this RFP if the District considers that changes are necessary or additional information is needed.

Changes to a Proposal or withdrawal of a Proposal will only be allowed if a request is received prior to the Deadline for Proposals. No amendments or withdrawals will be accepted after the Deadline for Proposals.

F. Best Value Evaluation As established in this RFP, the District realizes that criteria other than price are important and will award contract(s) based on the Proposal that best meets the needs of the District.

G. Right of Rejection Offers must comply with all of the terms of the RFP, and all applicable local, state, and federal laws, codes, and regulations. The District may reject as non-responsive any Proposal that does not comply with all of the material and substantial terms, conditions, and performance requirements of the RFP.

Further, the District may reject a Proposal from any entity that is a parent, affiliate, or subsidiary, or that is under common ownership, control, or management with any other entity submitting a Proposal in response to this RFP.

A Proposer may not qualify the Proposal nor restrict the rights of the District. If Proposer does so, the Proposal may be determined to be a non-responsive counter-offer and the Proposal may be rejected.

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 District to be immaterial or inconsequential, the District may choose to accept the Proposal.

Minor irregularities may be waived by the Purchasing Agent when they are any of the following:

1. Do not affect responsiveness;

2. Are merely a matter of form or format;

3. Do not change the relative standing or otherwise prejudice other offers;

4. Do not change the meaning or scope of the RFP;

5. Are trivial, negligible, or immaterial in nature;

6. Do not reflect a material change in the work; or

7. Do not constitute a substantial reservation against a requirement or provision.

In such cases the Proposer will be notified of the deficiency in the Proposal and given an opportunity to correct the irregularity, defect or variation or the District may elect to waive the deficiency and accept the

Request for Proposal Geotechnical Investigation

Proposal. The decision to provide a waiver shall in no way modify or compromise the overall purpose of the submittal, nor excuse the Proposer from compliance with all requirements if awarded a Contract.

This RFP does not commit the District to award a contract. The District reserves the right to reject any or all Proposals if it is in the best interest of the District to do so. The District also reserves the right to terminate this RFP process at any time.

H. Hazard Mitigation Grant Program Services to be provided under this RFP are being funded in whole or in part by the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program funds. By submitting a Proposal, Proposer agrees to comply with Exhibit “B” Compliance with Hazard Mitigation Grant Program Federal Guidelines.

I. Reserved

J. Clarification of Offers

In order to determine if a Proposal is reasonably susceptible for award, communications by the Facilitator for the evaluation panel are permitted with a Proposer to clarify uncertainties or eliminate confusion concerning the contents of a Proposal. Clarifications may not result in a material or substantive change to the Proposal. The evaluation by the panel may be adjusted as a result of a clarification under this section.

K. Public Records Act All Proposals and other material submitted become the property of the District and are subject to release according to the California Public Records Act (Government Code §7290.000). All Proposal information, including cost information, will be held in confidence during the evaluation and negotiation process.

Thereafter, Proposals are subject to becoming a non-exempt public record.

If a Proposer believes that any portion of its Proposal is exempt from public disclosure, it must indicate the specific portions believed to be confidential and not subject to disclosure on Attachment I - Public Records Act Exemptions. The Proposer also must include a brief description that sets out the reasons for exemption from disclosure. Each stated exemption must include a citation to supporting legal authority, including statutory authority or case law, to support exemption from the Public Records Act. Requested exemptions that do not meet the requirements of this section will not be considered.

The District will use reasonable means to ensure that such information is safeguarded but will not be held liable for inadvertent disclosure of the information. Proposals marked “Confidential” in their entirety will not be honored, and the District might not deny public disclosure of any portion of Proposals so marked.

By submitting a Proposal with portions identified in Attachment I as “Confidential,” Proposer represents that it has a good faith belief that such portions are exempt from disclosure under the Public Records Act.

Proposer may be requested to obtain legal protection from disclosure should a Public Records Act request be received. In the event the District does not disclose the information marked “Confidential,” Proposer agrees to reimburse the District for, and to indemnify, defend (with counsel approved by District) and hold harmless the District, its officers, employees, agents, and volunteers from and against any and all claims, damages, losses, liabilities, suits, judgments, fines, penalties, costs and expenses, including without limitation, attorneys’ fees, expenses and court costs of any nature arising from or relating to the District’s non-disclosure of any such designated portions of a Proposal.

L. Employment of Former County Officials Information must be provided in Attachment G regarding former County Administrative Officials (as defined below) who are employed by or represent Proposer. 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 Proposer and should also

Request for Proposal Geotechnical Investigation include the employment and/or representative capacity and the dates these individuals began employment with or representation of Proposer. For purposes of this section, “County Administrative Official” is defined as a member of the Board of Supervisors or such member’s staff, Chief Executive 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 Proposal being deemed non-responsive.

M. Reserved

N. Disclosure of Criminal and Civil Proceedings The District reserves the right to request the information described herein from the Proposer selected for Contract award. Failure to provide the information may result in a disqualification from the selection process and no award of Contract to the Proposer. The District also reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The selected Proposer may also be requested to provide information to clarify initial responses. Negative information provided or discovered may result in disqualification from the selection process and no award of Contract.

The selected Proposer may be asked to disclose whether the firm, or any of its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten years, has been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense arising directly or indirectly from the conduct of the firm’s business, or whether the firm, or any of it partners, principals, members, associates or key employees, has within the last ten years, been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the response is affirmative, the Proposer will be asked to describe any such indictments or charges (and the status thereof), convictions and the surrounding circumstances in detail.

In addition, the selected Proposer may also be asked to disclose whether the firm, or any of its partners, principals, members, associates or key employees, within the last ten years, has been the subject of legal proceedings as defined herein arising directly from the provision of services by the firm or those individuals. “Legal proceedings” means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulatory body with jurisdiction over the firm or the individuals. If the response is affirmative, the Proposer will be asked to describe any such legal proceedings (and the status and disposition thereof) and the surrounding circumstances in detail.

For purposes of this provision “key employees” includes any individuals providing direct service to the District. “Key employees” do not include clerical personnel providing service at the firm’s offices or locations.

O. Debarment and Suspension; California Secretary of State Business Entity Registration Proposer certifies in Attachment D that neither it nor its principals or subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See Attachment D and the following United States General Services Administration’s System for Award Management website https://www.sam.gov). Proposer also certifies in Attachment D that if it or any of the subcontractors listed in the Proposal are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.

P. Unsatisfactory Performance

Proposer affirms that it has no record of unsatisfactory performance with the District in the twenty-four

(24) month period immediately preceding the date of issuance of this RFP.

Q. Final Authority https://www.sam.gov/

Request for Proposal Geotechnical Investigation

The final authority to award a contract(s) as a result of this RFP rests solely with the District Board of Supervisors, or as delegated by the Board of Supervisors.

R. Department of Industrial Relations Registration Proposer must be registered with the Department of Industrial Relations as required by Senate Bill 854 (Chapter 28, Statutes of 2014) and Senate Bill 96 (Chapter 28, Statutes of 2017) to work on public works contracts as defined under the Labor Code.

S. Professional Geotechnical Engineer License Proposer shall have a valid State of California license and Geotechnical Engineer in the Project Manager’s own name(s) (proof of valid licenses must be submitted with the Proposal). Subconsultants must be appropriately licensed as applicable in their field of expertise. Proposers and their subconsultants must maintain valid applicable licenses during the entire term of the resulting Contract and any time work is being performed to a contract with the District.

T. Experience Proposer and subconsultants shall have a minimum of five (5) continuous years of experience providing services outlined in this RFP.

U. References Provide reference of a minimum of three (3) other customers which Proposer contracted with, one (1) of which should be a government agency, involving the Proposer’s delivery of service within the last five (5) years that demonstrate the ability of the Proposer to provide professional services as outlined in this RFP.

All references must have names, titles, email address and phone numbers. Proposers shall provide the same number and type of references for each subconsultant identified in the proposal (submit a separate Attachment F for each subconsultant).

V. SCOPE OF WORK

A. BACKGROUND INFORMATION

The Project is proposing to improve the existing 1.4-mile storm drain that runs from West Philadelphia Street to Cypress Channel along Mountain Avenue, Walnut Avenue, and Cypress Avenue in the City of Chino and City of Ontario. The proposed Project involves construction of a new reinforced concrete pipe (RCP) and/or reinforced concrete box (RCB) culvert storm drain to replace the undersized existing storm drain from Mountain Avenue and Philadelphia Street (Ontario) to Cypress Channel at Riverside Drive (Chino) to convey the 100-year storm event flows.

The District will select one successful Proposer based on the selection criteria as stated in Section VII.

of this RFP. The successful Proposer shall be responsible for all services and required documents identified in the Scope of Work and Terms and Conditions Section.

B. PROJECT DESCRIPTION

Magnolia Storm Drain Project (F02861) is in the City of Chino and City of Ontario, San Bernardino County.

1. The purpose of the geotechnical investigation is to examine and evaluate soil/subsurface conditions within the area affected by the Magnolia Storm Drain Project. The Proposer shall analyze the data collected during the field exploration and laboratory testing, and prepare a Geotechnical Investigation Report, along with shoring recommendations, containing conclusions and recommendations to assist the District in preparation of contract plans and specifications. The investigation must be developed and supervised by a California Registered Geotechnical Engineer or a Civil Engineer experienced in

Request for Proposal Geotechnical Investigation soil mechanics. The limits of the geotechnical investigation shall be identified above and as shown on Exhibit C, within District right-of-way or road right-of-way. The final boring plan must be submitted to the District for approval prior to the borings. The Proposer will be responsible for obtaining any and all necessary permits, including a well permit from San Bernardino County Environmental Health Services if bores are 25 feet and deeper, a permit from San Bernardino County Flood Control District, and a permit from the City of Chino and City of Ontario. All permit fees will be the responsibility of the Proposer.

Specific, detailed considerations with supporting data shall be included for such items as, but not limited to:

• Evaluations of the seismic design parameters

• Review any existing geotechnical information in the project area

• Notify Underground Service Alert (811) and clear utility locations within project site prior to drilling.

• Evaluations of the engineering properties of the on-site soils

• Types of materials to be encountered in the proposed excavations

• Anticipated excavation and construction problems

• Location and extent of required over-excavation

• Bearing capacity and settlement characteristics of subgrade materials

• Required relative compaction of embankment material

• Slope stability analysis for channel side slopes of (2H:1V) and (1.5H:1V)

• Trench Shoring recommendations during construction

• Compaction characteristics of the predominant soil

• Substances in the native soil deleterious to concrete, steel, or other construction materials

• Determination of applicable geotechnical related data, properties, coefficients, etc., necessary for design of shoring, where applicable

• Provide recommendations for Special Provisions using Caltrans Standard Specifications for construction

• Factors for volume swell of excavation material, and for volume shrinkage of compacted materials, to be applied in the earthwork quantity calculations

2. Deliverables/Requirements:

I. Geotechnical Report (signed and stamped by the engineer of record)

II. Geotechnical Investigation boring logs

III. Trech Shoring Recommendations during construction

C. RESERVED

D. NOTICE TO PROCEED

Contractor shall not start work until directed by the District with a written Notice to Proceed.

VI. PROPOSAL SUBMISSION

A. General

1. All interested and qualified Proposers are invited to submit a Proposal for consideration. Submission of a Proposal indicates that the Proposer has read and understands the entire RFP, including all appendixes, attachments, exhibits, schedules, and addenda (as applicable) and that all concerns regarding the RFP have been resolved.

Request for Proposal Geotechnical Investigation

2. Proposals must be received by the designated date and time. All proposers must register with the ePro system prior to the date and time to receive the proposal or they will be disqualified. Late or incomplete proposals will not be accepted. System-related issues in ePro shall be directed to the Purchasing Department at (909) 387-2060. For procurement questions involving ePro, please contact the RFP Contact identified in Section I, Paragraph A - Purpose.

3. The Proposer acknowledges that its electronic signature is legally binding. Submittals in ePro will be opened from the system’s encrypted lock box after the deadline and evaluated as stated in this RFP.

4. 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.

5. For proposals submitted through ePro, the Proposer shall not include Attachment E, “Fee Proposal Sheet(s)”, as part of the proposal submittal, but instead shall upload Attachment E as a separate attachment, clearly labeled. The proposal and Attachment E must be received (separately) on or before the Deadline for Proposals in the manner described in Section 1, Paragraph B. Failure to comply with this requirement shall disqualify the Proposer.

6. Proposals must be completed in all respects as required in this section. A Proposal may not be considered if it is conditional or incomplete.

B. Proposal Format

Responses to this RFP must be in the form of a Proposal package, which must be submitted in the following format:

1. Cover Page

Use Attachment A as the cover page.

This form must be fully completed and signed by an authorized officer of the Proposer.

2. Table of Contents All pages of the Proposal, including the enclosures, must be clearly and consecutively numbered and correspond to the Table of Contents.

3. Statement of Certification Include the following on Attachment B:

a. A statement that the offer made in the Proposal is firm and binding for nine (9) months from the

Deadline for Proposals.

b. A statement that all aspects of the Proposal, including cost, have been determined independently, without consultation with any other Proposer (competitor) for the purpose of restricting competition.

c. A statement that all declarations in the Proposal and attachments are true and that this shall constitute a warranty, the falsity of which will entitle the District to pursue any remedy by law.

d. A statement that the Proposer agrees that all aspects of the RFP and the Proposal submitted shall be binding if the Proposal is selected and a Contract awarded.

e. A statement that the Proposer agrees to provide the District with any other information the District determines is necessary for an accurate determination of the Proposer’s ability to perform the Services as proposed.

f. A statement that the Proposer, if selected will comply with all applicable rules, laws and regulations.

g. A statement that the Proposer has reviewed the RFP and General Contract Terms in their entirety and have no exceptions to any requirements, terms or conditions, except as noted in Attachment H.

Request for Proposal Geotechnical Investigation

4. Statement of Experience and Qualifications Include the following in this section of the Proposal:

a. Business name of the Proposer and type of legal entity such as corporation, partnership, etc. If

Proposer is a business entity that must be registered with the California Secretary of State, Proposer shall provide the District the entity number assigned to it by the Secretary of State.

b. Number of years the Proposer has been in business under the present business name, as well as related prior business names.

c. Statement that the Proposer does not have any commitments or potential commitments that may impact the Proposer’s ability to perform the Contract, if awarded.

5. Licenses, Permits, and/or Certifications

Provide copies of all licenses, permits and/or certifications in Attachment C as required under Section X. TERMS AND CONDITIONS Paragraph A, 21. Proposer shall ensure that it has all necessary licenses, permits and/or certifications required by the laws of Federal, State, and County governments, as well as municipal laws, ordinances, rules and regulations. The Proposer shall maintain these licenses, permits/or certifications in effect for the duration of this Agreement.

Proposer will notify District immediately of loss or suspension of any such licenses, permits and/or certifications. Failure to maintain required licenses, permits and/or certifications may result in immediate termination of this Agreement.

The Services requested under this RFP include “public works” and “maintenance” services as defined in the California Labor Code. Under Labor Code section 1725.5 Consultant must be registered with the Department of Industrial Relations (DIR) at the time Consultant submits a Proposal. Include Consultant’s DIR registration number on Attachment C and the DIR registration number of all subcontractors who may be performing “public works” and “maintenance” Services if a Contract is awarded to Proposer.

6. Reserved

7. Project Team Organization Chart

Provide an organization chart illustrating the project team and clearly show the organization of the team and the hierarchy of the members. It must include:

a. Organizational framework for the proposed project team.

b. Company name and staff name for each role identified in the chart.

c. Resumes of key personnel, including qualifications, education and project experience

8. Proposal Description The Proposal should include the following:

a. A brief synopsis of the Proposer’s understanding of the District’s needs and how the Proposer plans to meet them.

b. A detailed statement of the proposed Services.

c. An explanation of any assumptions or constraints.

9. Reserved

10. Certification Regarding Debarment or Suspension

Complete Attachment D.

11. Cost Complete proposed pricing on Attachment E and enclose it in a separately sealed and labeled envelope to be submitted as part of the Proposal.

Request for Proposal Geotechnical Investigation

12. References Provide three (3) references from other entities, preferably public agencies, of same or similar size as the District, with whom you have established a contract on a project of this nature. Provide Contact Name, Address, Phone Number, email, and dates Services were provided on Attachment F.

13. Former County Officials Complete Attachment G

14. Exceptions to RFP Complete Attachment H.

15. Public Records Act Exemptions Complete Attachment I – Public Records Act Exemptions if applicable.

16. Indemnification and Insurance Requirements Affidavit Submit evidence of ability to insure as stated in Section X, Paragraph B – Indemnification and Insurance Requirements. Proposer must complete and submit Attachment J – Indemnification and Insurance Requirements Affidavit, and ensure the form is complete, including the signature from Proposer’s insurance broker/agent.

17. Conflict of Interest Complete Attachment K – Conflict of Interest and Political Reform Act Obligations.

VII. EVALUATION

Proposals will be subject to an Initial Review to confirm responsiveness, by determining whether each Proposal includes the stipulated content, required certifications or licensing, etc., and is presented in the required format, in order for the Proposal to advance for evaluation. Any reasonable person reviewing for responsiveness must be able to ascertain that the Proposal meets these requirements.

The evaluation process includes the following categories and may include additional specific criteria.

Likewise, the listed considerations are possible considerations and may not be the only factors involved in the evaluation.

A. QUALIFICATIONS AND EXPERIENCE

Weight: 35% Considerations:

• Proposer background and reputation

• Qualifications of the project team

• Experience with local approval agencies

• Experience with publicly bid projects

B. RESERVED

C. TECHNICAL REVIEW

Weight: 50% Considerations:

• Statement of understanding of the District’s needs

• Technical specifications and functionality

• Quality control

• Risk management

Request for Proposal Geotechnical Investigation

D. REFERENCES

Weight: 15% Considerations:

• Demonstrated knowledge and expertise

• Quality of interactions

• Likelihood of continued use

E. RESERVED

The District will establish an evaluation panel with responsibility for reviewing all Proposals and conducting the qualifications evaluation. A Facilitator will manage the integrity of the qualifications evaluation process and will not be a voting member of the evaluation panel. An initial meeting will be scheduled and held with the evaluation panel members, wherein the Facilitator will distribute all relevant documents to the evaluators including the RFP, evaluation criteria, and evaluation instructions.

After the initial meeting, evaluators will independently review and score the Proposals. The evaluation panel will then convene again to discuss the individual scores to resolve questions and to discuss the basis for individual scores, but not for the evaluators to agree upon scoring. At the end of this discussion, each evaluator will be given an option to revise his/her scores.

Evaluators will make independent determinations for scores, including review and understanding of any additional information obtained by the group discussion. In the event a score is revised, the evaluator will document the new score and provide comments to support the revision.

If clarifying information is needed at any point, the Facilitator will contact Proposer(s) to obtain the necessary information. The Facilitator will then provide the information to the evaluation panel electronically or verbally, as appropriate.

If the qualifications evaluation process includes components such as oral interviews, product demonstration, and/or site visits, the Facilitator will coordinate those with evaluators. Individual scoring and any subsequent evaluation panel meetings with respect to such components must be conducted.

Once all scorings are finalized and documented, the Facilitator will create a final qualifications evaluation scoring worksheet and rank the proposals first, second, third, etc.

Following the qualifications evaluation and ranking of the proposals, the Facilitator will open all fee proposals.

The ranking of the proposals will not be altered once the fee proposals have been opened. However, the fee proposals will be used during negotiations with the selected Proposer(s).

VIII. NEGOTIATIONS AND NOTICE OF INTENT TO AWARD

The District may require the potential Proposer(s) selected to participate in negotiations. This may include cost, technical, or other clarifications needed to make a decision.

A. Contract Negotiation

After selection, negotiations may be conducted with the Proposer(s) of the highest-ranked Proposal(s).

Negotiations, if held, shall be within the scope of work in the request for Proposals.

If the contract negotiations take place in San Bernardino County, California, the Proposer will be responsible for its travel and per diem expenses of its personnel.

B. Failure to Negotiate

If the selected Proposer:

1. Fails to provide the information required to begin negotiations in a timely manner; or

Request for Proposal Geotechnical Investigation

2. Fails to negotiate in good faith; or

3. Indicates it cannot perform the Contract within the budgeted funds available for the services; or

4. If the Proposer and the District, after a good faith effort, simply cannot come to terms;

Then the District may terminate negotiations with the Proposer initially selected and commence negotiations with the next highest ranked Proposer.

C. Notice of Intent to Award (NOIA) – Proposer Notification of Selection

After the completion of Contract negotiations a written or electronic Notice of Intent to Award (NOIA) and denial letters (or a copy of the NOIA) will be issued to all Proposers. The issuance date of the NOIA is the date the NOIA was delivered by email or into the care of the United States Postal Service for delivery to the Proposer.

D. RESERVED

E. Award

A Contract will be awarded based on a competitive selection of Proposals received. The contents of the Proposal of the successful Proposer will become contractual obligations and failure to accept these obligations in a Contract may result in cancellation of the award.

IX. APPEAL AND AWARD

In the event a dispute arises concerning the Proposal process prior to the award of the Contract, the Proposer raising the dispute shall submit a request for resolution in writing to the Purchasing Agent. Proposer may appeal the recommended award or denial of award (Protest), provided the Protest:

1. Is submitted in writing.

2. Is submitted within ten (10) calendar days of the issuance date of the NOIA.

A Protest can only be brought on the following grounds:

1. Failure of the County to follow the selection procedures and adhere to requirements specified in the RFP or any addenda or amendments.

2. Violation of conflict of interest as provided by California Government Code Section 87100 et seq.

3. Violation of State or Federal law.

Protests will not be accepted for any other reasons than those stated above. All Protests must be sent to:

Pete Mendoza, Director

Purchasing Department 777 E. Rialto Avenue San Bernardino, CA 92415-0760

Upon receipt of the formal Protest, the Purchasing Agent, or his/her designee, will attempt to resolve the Protest. A Protest shall be disallowed when, in the judgment of the Purchasing Agent it has been submitted:

(1) as a delay tactic; (2) for the purpose of posturing the Proposer advantageously for future procurement;

(3) in a form that deviates from the one prescribed; (4) without adequate factual basis or merit; or (5) in an untimely manner.

Request for Proposal Geotechnical Investigation

The Purchasing Agent shall make a decision concerning the appeal, and notify the Proposer submitting the Protest, within a reasonable timeframe prior to the tentatively scheduled date for awarding the Contract. The decision of the Purchasing Agent shall be deemed final.

Alternatively, at the Purchasing Agent’s discretion, an Appeal Panel consisting of five (5) members appointed by the Purchasing Agent shall hear the Protest. The Proposer will be provided reasonable notice of the time, date and location of the hearing. In the event that a protesting Proposer does not appear at the Protest hearing as scheduled, the Protest will be disallowed.

The hearing is informal, in that it is not subject to the strict rules of evidence or procedure, and live witnesses, if any, will not be sworn. All relevant evidence is admissible, including hearsay. It will be up to the Appeal Panel members to consider the credibility of the evidence and the weight to give it.

The Panel will determine by at least three (3) affirmative votes: 1) whether the Protest was submitted timely;

2) whether the Protest is based on at least one of the three designated grounds identified above; and 3) whether the grounds on which the Protest are based have been substantiated.

If any of the grounds are determined to be valid, the Panel will also decide if the valid portion of the Protest has so tainted the RFP process that it is unfair to the Proposer or whether the valid grounds for the Protest are in the nature of harmless error and that the RFP process was fair to the Proposer. The Panel will not re-evaluate the Proposals.

The Purchasing Agent shall notify the Proposer making the Protest of the decision, within a reasonable timeframe prior to the tentatively scheduled date for awarding the Contract. The decision of the Appeal Panel shall be deemed final. If the Contract must be approved by the Board, after receiving a decision from the Purchasing Agent or Appeal Panel, the Proposer may then present its Protest to the Clerk of the Board of Supervisors for the Board’s review and decision. The Proposer must file its written Protest with the Clerk of the Board or provide a verbal Protest (typically limited to three minutes) prior to the Board making a decision on the Contract. Any decision of the Board shall be deemed final.

A Proposer protesting the results of any of the processes described herein must follow the procedures set forth. By submitting a “Letter of Intent to Protest”, the Proposer has agreed that the protest procedures herein shall precede any action in a judicial or quasi-judicial tribunal regarding this Proposal. Protests that do not follow these procedures shall not be considered. The protest procedures constitute the sole administrative remedy available to the Proposer under this RFP. Upon exhaustion of this remedy no additional recourse is available.

X. TERMS AND CONDITIONS

The selected Proposer will be required to enter into a formal Contract with the District. This RFP sets forth some of the general provisions which will be included in the final Contract. In submitting a response to this RFP, Proposer will be deemed to have agreed to each clause unless the Proposal identifies an objection and District agrees to a change of language in writing. All objections to any Terms and Conditions must be listed on Attachment H – Exceptions to RFP, or any exception thereto shall be waived.

A. General

1. Contract Amendments Consultant agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of Consultant and County.

2. Contract Exclusivity

This is not an exclusive Contract. The District reserves the right to enter into a Contract with other Contractors for the same or similar Services. The District does not guarantee or represent that the

Request for Proposal Geotechnical Investigation

Consultant will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract.

3. Attorney’s Fees and Costs If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorney’s fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney’s fees directly arising from a third-party legal action against a party hereto and payable under the Indemnification and Insurance Requirements.

4. Background Checks for Consultant Personnel Consultant shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform Services; (b) do not use legal or illegal substances in any manner which will impact their ability to provide services to the District; and (c) are not otherwise disqualified from performing the Services under applicable law. If requested by the District and not in violation of applicable law, Consultant shall conduct a background check, at Consultant’s sole expense, on all its personnel providing Services. If requested by the District, Contractor shall provide the results of the background check of each individual to the District. Such background check shall be in the form generally used by Consultant in its initial hiring of employees or contracting for contractors or, as applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding 12-month period. Consultant personnel who do not meet the District’s hiring criteria, in District’s sole discretion, shall not be assigned to work on District property or Services, and District shall have the right, at its sole option, to refuse access to any Contract personnel to any District facility.

5. Change of Address Consultant shall notify the District in writing of any change in mailing address within ten (10) business days of the change.

6. Choice of Law This Contract shall be governed by and construed according to the laws of the State of California.

7. Compliance with District Policy In performing the Services and while at any District facilities, Consultant personnel (including subcontractors) shall (a) conduct themselves in a businesslike manner; (b) comply with the policies, procedures, and rules of the District regarding health and safety, and personal, professional and ethical conduct; (c) comply with the finance, accounting, banking, Internet, security, and/or other applicable standards, policies, practices, processes, procedures, and controls of the District; and (d) abide by all laws applicable to the District facilities and the provision of the Services, and all additions and modifications to each of subsections (b),(c), and (d) (collectively, “District Policies”). District Policies, and additions or modifications thereto, may be communicated orally or in writing to Consultant or Consultant personnel or may be made available to Consultant or Consultant personnel by conspicuous posting at a District facility, electronic posting, or other means generally used by District to disseminate such information to its employees or contractors. Consultant shall be responsible for the promulgation and distribution of District Policies to Consultant personnel to the extent necessary and appropriate.

District shall have the right to require Consultant’s employees, agents, representatives and subcontractors to exhibit identification credentials issued by District in order to exercise any right of access under this Contract.

8. Confidentiality Consultant shall protect from unauthorized use or disclosure the names and other identifying information concerning persons receiving Services pursuant to this Contract, except for statistical information not identifying any participant. Consultant shall not use or disclose any identifying information for any

Request for Proposal Geotechnical Investigation purpose other than carrying out the Consultant's obligations under this Contract, except as may otherwise be required by law. This provision will remain in force even after the termination of the Contract.

9. Primary Point of Contact The Consultant will designate an individual to serve as the primary point of contact for the Contract.

Consultant or designee must respond to District inquiries within two (2) business days. Consultant shall not change the primary contact without written acknowledgement to the District. Consultant will also designate a back-up point of contact in the event the primary contact is not available.

10. District Representative The Chief Flood Control Engineer or his/her designee shall represent the District in all matters pertaining to the Services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work by Consultant. If this contract was initially approved by the District Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract.

11. Damage to District Property Consultant shall repair, or cause to be repaired, at its own cost, all damage to District vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Consultant or employees or agents of the Consultant. Such repairs shall be made immediately after Consultant becomes aware of such damage, but in no event later than thirty (30) days after the occurrence.

If the Consultant fails to make timely repairs, the District may make any necessary repairs. For such repairs, the Consultant, shall repay all costs incurred by the District, by cash payment upon demand or District may deduct such costs from any amounts due to the Consultant from the District, as determined at District’s sole discretion.

12. Debarment and Suspension The Consultant certifies that neither it nor its principals or subcontractors is presently disbarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See the following United States General Services Administration’s System for Award Management website https://www.sam.gov). Consultant further certifies that if it or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.

13. Drug and Alcohol-Free Workplace In recognition of individual rights to work in a safe, healthful and productive work place, as a material condition of this Contract, Consultant agrees that the Consultant and the Consultant’s employees, while performing service for the District, on District property, or while using District equipment:

a. Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.

b. Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.

c. Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Consultant or Consultant’s employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.

Consultant shall inform all employees that are performing service for the District on District property, or using District equipment, of the District s objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the District.

https://www.sam.gov/

Request for Proposal Geotechnical Investigation

The District may terminate for default or breach of this Contract and any other Contract the Consultant has with the District, if the Consultant or Consultant’s employees are determined by the District not to be in compliance with above.

14. Duration of Terms This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract.

15. Employment Discrimination

During the term of the Contract, Consultant shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status.