Materials Testing for Seven Oaks.pdf

Rev. 9/2025 - Pro. Services

Request for Proposal No. PWG126-LANDD-6205

Geotechnical and Materials Testing Services for Seven Oaks Road Damage Repair

San Bernardino County Department of Public Works

Contracts Division 825 E. Third Street

San Bernardino, CA 92415-0835 Release Date: December 15, 2025

Due Date: January 22, 2026

TABLE OF CONTENTS

I. INTRODUCTION

A. PURPOSE

B. RFP CONTACT

C. RESERVE

D. CONTRACT TERM

E. LOCATION OF SERVES

F. ASSISTANCE TO PROPOSERS WITH A DISABILITY

II. PROPOSAL TIMELINE

III. DEFINITIONS

IV. PROPOSAL CONDITIONS

A. AUTHORIZED SIGNATURES

B. TERM OF OFFER

C. REQUIRED REVIEW

D. INCURRED COSTS

E. AMENDMENTS/ADDENDUMS TO RFP

F. BEST VALUE EVALUATION

G. RIGHT OF REJECTION

H. RESERVED

I. CLARIFICATION OF OFFERS

J. PUBLIC RECORDS ACT

K. EMPLOYMENT OF FORMER COUNTY OFFICIAL

L. RESERVED

M. DISCLOSURE OF CRIMINAL AND CIVIL PROCEEDINGS

N. DDEBARMENT AND SUSPENSION; CLAIFORNIA SECRETARY OF STATE BUSINESS ENTITY REGISTRATION

O. UNSATISFCTORY PERFORMANCE

P. FINAL AUTHORITY

Q. DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION

V. SCOPE OF WORK

A. BACKGROUND INFORMATION

B. PROJECT DESCRIPTION

C. ADDITIONAL REQUIREMENTS

VI. PROPOSAL SUBMISSION

A. GENERAL

B. PROPOSAL FORMAT

VII. EVALUATION

A. QUALIFICATIONS AND EXPERIENCE

B. TECHNICAL REVIEW

C. REFERENCE

VIII. NEGOTIATION AND NOTICE OF INTENT TO AWARD

A. CONTRACT NEGOTIATION

B. FAILURE TO NEGOTIATION

C. NOTICE OF INTENT TO AWARD (NOIA) – PROPOSER NOTIFICATION OF SELECTION

D. AWARD

IX. APPEAL AND AWARD

X. TERMS AND CONDITIONS

A. GENERAL

B. INDEMNIFICATION AND INSURANCE REQUIREMENTS

C. Right to Monitor and Audit

D. CORRECTION OF PERFORMANCE DEFICIENCIES

ATTACHMENT A – COVER PAGE

ATTACHMENT B – MINIMUM PROPOSER REQUIREMENTS (1 OF 2)

ATTACHMENT C – LICENSES, PERMITS, AND/OR CERTIFICATIONS

ATTACHMENT D – CERTIFICATION REGARDING DEBARMENT OR SUSPENSION

ATTACHMENT E – FEE PROPOSAL SHEETS(S)

ATTACHMENT F – REFERENCES

ATTACHMENT G – EMPLOYMENT OF FORMER COUNTY OFFICIALS

ATTACHMENT H – RESERVED

ATTACHMENT I – PUBLIC RECORDS ACT EXEMPTIONS

ATTACHMENT J – INDEMNIFICATION AND INSURANCE REQUIREMENTS AFFIDAVIT

ATTACHMENT K – RESERVED

ATTACHMENT L – CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS

ATTACHMENT M – RESERVED

ATTACHMENT N – FEDERAL CONTRACTING PROVISIONS

EXHIBIT A – FAIR EMPLOYMENT PRACTICES ADDENDUM

EXHIBIT B – NONDISCRIMINATION ASSURANCES

EXHIBIT C - MASTER AGREEMENT: ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID

PROJECTS

EXHIBIT D – PREVAILING WAGE REQUIREMENTS

EXHIBIT E – GENERAL STATE AND FEDERAL PREVAILING WAGE DETERMINATION

EXHIBIT 10-Q –DISCLOSURE OF LOBBYING ACTIVITIES

Purchasing Department

Request for Proposal Geotechnical and Materials Testing Services for Seven Oaks Road Damage Repair

No. PWG126-LANDD-6205

I. INTRODUCTION

A. Purpose The San Bernardino County, Public Works Department (County), is seeking Proposals from interested and qualified Proposers to provide geotechnical and materials testing services, which includes testing and observation during construction of Seven Oaks Road Damage Repair. Because this project will be funded with federal dollars, all procurement activities must comply with applicable federal contracting and competitive selection requirements. To ensure full compliance, this solicitation is being conducted separately from the County’s existing on-call consultant lists. This RFP is open to all qualified firms, regardless of whether they are currently included on any County on-call list for similar services.

B. RFP Contact

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

Department of Public Works Attn: Andrew Truong 825 E. Third Street San Bernardino, CA 92415-0835

(909) 387-7920 - Phone

(909) 387-7927 - Fax Andrew.truong@dpw.sbcounty.gov - Email

Proposals will not be accepted by email or facsimile (not bid questions). Proposals must be submitted electronically through the County Electronic Procurement Network (ePro), (Paper) hard copies with original signature may be submitted to the address indicated above. 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 two (2) years beginning when approved by the county board of supervisors and ending after the completion of the project or two (2) years after the approval date, whichever comes later.

E. Location of Services Location where services are to be provided, completed and managed is at Seven Oaks Road project site, located between Middle Control Road and 0.71 miles west of Glass Road. Additionally, the proposed scope of services will require the consultant to travel to local material suppliers for observation and testing.

The Proposer must include in Proposal, Attachment E – Fee Proposal Sheet(s), all transportation, lodging, and per diem costs sufficient to pay its personnel and travel to the aforementioned locations.

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.

Request for Proposal Geotechnical and Materials Testing Services for Seven Oaks Road Damage Repair

II. PROPOSAL TIMELINE

Release of RFP December 15, 2025

Non-Mandatory Proposal Conference January 7, 2026, at 10:00 AM

Deadline for Submission of Questions January 9, 2026, at 4:00 PM

Deadline for Proposals January 22, 2026, at 4:00 PM

Date for Tentative Contract Award March 2026

Proposal Conference:

A non-mandatory proposal conference will be held via video and teleconference via goto.com/meeting using ID 434-769-549 on:

Wednesday January 7, 2026 at 10:00 AM

Attendance at the conference is non-mandatory. Proposals will still be accepted from firms that do not attend the proposal conference.

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:

AASHTO: American Association of State Highway and Transportation Officials

ASTM: ASTM International, formerly known as American Society for Testing and Materials

Board: The San Bernardino County Board of Supervisors.

Caltrans: California State Department of Transportation

Contract: The Contract between the County 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 County.

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 County. The RFP specifies the evaluation factors to be used and contains or incorporates by reference contractual terms and conditions applicable to the procurement.

Request for Proposal Geotechnical and Materials Testing Services for Seven Oaks Road Damage Repair

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.

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 County 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 County reserves the right to issue amendments or addendums to this RFP if the County 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. Reserved

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 County 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 County 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 County. If Proposer does so, the Proposal may be determined to be a non-responsive counter-offer and the Proposal may be rejected.

Request for Proposal Geotechnical and Materials Testing Services for Seven Oaks Road Damage Repair

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 County to be immaterial or inconsequential, the County 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 County may elect to waive the deficiency and accept the 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 County to award a contract. The County reserves the right to reject any or all Proposals if it is in the best interest of the County to do so. The County also reserves the right to terminate this RFP process at any time.

H. Reserved

I. 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.

J. Public Records Act All Proposals and other material submitted become the property of the County 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 County 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 County 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

Request for Proposal Geotechnical and Materials Testing Services for Seven Oaks Road Damage Repair be received. In the event the County does not disclose the information marked “Confidential,” Proposer agrees to reimburse the County for, and to indemnify, defend (with counsel approved by County) and hold harmless the County, 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 County’s non-disclosure of any such designated portions of a Proposal.

K. 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 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.

L. Reserved

M. Disclosure of Criminal and Civil Proceedings The County 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 County 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 County. “Key employees” do not include clerical personnel providing service at the firm’s offices or locations.

Request for Proposal Geotechnical and Materials Testing Services for Seven Oaks Road Damage Repair

N. 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.

O. Unsatisfactory Performance

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

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

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

Q. 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.

V. SCOPE OF WORK

A. BACKGROUND INFORMATION

The San Bernardino County Department of Public Works (Department) is responsible for providing construction management services for the Department’s Transportation Projects, including performing field and laboratory testing along with observation of grading and all other phases of construction. The selected proposer shall provide geotechnical and materials testing services for the Seven Oaks Road Damage Repair Project (Project) to avoid unnecessary delays in project delivery and to ensure the Project is delivered in accordance with contract requirements and specifications.

B. PROJECT DESCRIPTION

Proposers shall provide as-needed services, including, but not limited to, the following:

1. Geotechnical and material testing and observation in accordance with the County’s Quality

Assurance Program under the direction and guidance of the County’s assigned Resident Engineer or designee during construction of the Seven Oaks Road Damage Repair project.

A detailed cost estimate is to be included in Attachment E based on the project plans and specifications. The cost estimate shall provide a complete breakdown of all testing required in the project special provisions including technician, lab, professional, and clerical staff hours necessary to supply all testing and reporting. For the purpose of the cost estimate, it should be assumed that the selected consultant will perform all testing, although it may be that some testing is shared between county staff and the consultant.

Testing requirements and protocols will conform to procedures established by Caltrans, AASHTO or ASTM. The work may include, but is not limited to, the following:

a. Soils and Aggregate Base Materials

i. Observation of compaction, processing and grading

ii. Sampling of materials from field and source locations

iii. Field and laboratory testing of soils and aggregate base https://www.sam.gov/

Request for Proposal Geotechnical and Materials Testing Services for Seven Oaks Road Damage Repair

b. Asphalt Concrete (Hot Mix Asphalt, etc.)

i. Observation of batching, mixing, placement and compaction

ii. Sampling of materials from field and source locations

iii. Field and laboratory testing of aggregate and binder materials

c. Portland Cement Concrete

i. Observation of batching, mixing, placement and consolidation

ii. Sampling of materials from field and source locations

iii. Field and laboratory testing of aggregate and cement materials

Generate and maintain records of all necessary geotechnical and material testing and observation work in accordance with the Resident Engineer’s standards, and any other necessary work, conducted for the project in accordance with the requirements of the project special provisions, the County’s Quality Assurance Program, and to meet requirements from any other regulatory agencies.

C. ADDITIONAL REQUIREMENTS

All Geotechnical and Materials Testing work shall be supervised and reviewed by a Geotechnical Engineer registered with the State of California or by a Civil Engineer registered with the State of California

Consultant shall maintain active certification and accreditation by applicable agencies at the time of the proposal and while providing services for the duration of the contract.

Consultant shall maintain active participation in appropriate sample proficiency programs for proposed scopes of work.

Any changes in status regarding the above requirements shall be communicated to the Resident Engineer withing ten (10) working days of the change. The County reserves the right to re-assign any work related to the scope for any loss of certification(s).

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.

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 B – RFP Contact.

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. Paper responses may be submitted in lieu of electronic submission, by mail or in person to the RFP Contact and will be time/date stamped when received. Proposals can be withdrawn at any time prior to the scheduled Deadline for Proposals.

Request for Proposal Geotechnical and Materials Testing Services for Seven Oaks Road Damage Repair

Hand carried Proposals may be delivered to the RFP Contact between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays observed by the County. Proposers are responsible for informing any commercial delivery service, if used, of all delivery requirements, and for ensuring that the address information appears on the outer wrapper or envelope used by such service.

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. For proposals submitted via hard copy, the Proposer shall not include Attachment E, “Fee Proposal Sheet(s),” as part of Proposer’s initial proposal, but instead shall mail or submit in person Attachment E, in a separate sealed envelope, clearly labeled with the RFP Number and Title and the name of the Proposer clearly marked on the outside, to the address stated in Section 1, Paragraph B. The proposal and Attachment E must be received (in separate envelopes) 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.

7. 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.

8. 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. Presentation

Format the Proposal to fit on an 8-½ v 11 sheet of paper with margins of at least ¾ inches. Text should be single spaced and font size should be no smaller than 11 points. Each page, including attachments, must be clearly and consecutively numbered.

2. Cover Page Use Attachment A as the cover page.

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

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

4. 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.

Request for Proposal Geotechnical and Materials Testing Services for Seven Oaks Road Damage Repair

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 County 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 County with any other information the County 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.

5. 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 County 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.

6. 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.

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.

7. Reserved

8. 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

9. Proposal Description The Proposal should include the following:

a. A brief synopsis of the Proposer’s understanding of the County’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.

10. Reserved

11. Certification Regarding Debarment or Suspension

Complete Attachment D.

Request for Proposal Geotechnical and Materials Testing Services for Seven Oaks Road Damage Repair

12. 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.

13. References Provide three (3) references from other entities, preferably public agencies, of same or similar size as the County, 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.

14. Former County Officials Complete Attachment G.

15. Exceptions to RFP No exceptions allowed.

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

17. 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.

18. Conflict of Interest Complete Attachment L – 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: 40% Considerations:

• Proposer background and reputation

• Qualifications of the project team

• Experience with local approval agencies

• Experience with similar services and entities

B. TECHNICAL REVIEW

Weight: 40% Considerations:

• Statement of understanding of the County’s needs

• Work plan

Request for Proposal Geotechnical and Materials Testing Services for Seven Oaks Road Damage Repair

• Scheduling

• Technical specifications and functionality

• Quality control

• Training

• Adequacy of support staff and subcontractors

C. REFERENCES

Weight: 20% Considerations:

• Satisfactory performance of similar work

• Demonstrated knowledge and expertise

• Work product

• Quality of interactions

• Capability of assigned team members

The County may, at its sole discretion, create a shortlist of Proposals for further evaluation; require an oral interview, presentation, or demonstration; and utilize outside experts to assist in the evaluation process.

The County 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).

Request for Proposal Geotechnical and Materials Testing Services for Seven Oaks Road Damage Repair

VIII. NEGOTIATIONS AND NOTICE OF INTENT TO AWARD

The County 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

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 County, after a good faith effort, simply cannot come to terms;

Then the County 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. 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.

Request for Proposal Geotechnical and Materials Testing Services for Seven Oaks Road Damage Repair

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.

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.

Request for Proposal Geotechnical and Materials Testing Services for Seven Oaks Road Damage Repair

X. TERMS AND CONDITIONS

The selected Proposer will be required to enter into a formal Contract with the County. 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 County agrees to a change of language in writing.

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 County reserves the right to enter into a Contract with other Contractors for the same or similar Services. The County does not guarantee or represent that the 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 County; and (c) are not otherwise disqualified from performing the Services under applicable law. If requested by the County 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 County, Contractor shall provide the results of the background check of each individual to the County. 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 County’s hiring criteria, in County’s sole discretion, shall not be assigned to work on County property or Services, and County shall have the right, at its sole option, to refuse access to any Contract personnel to any County facility.

5. Change of Address Consultant shall notify the County 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 County Policy In performing the Services and while at any County facilities, Consultant personnel (including subcontractors) shall (a) conduct themselves in a businesslike manner; (b) comply with the policies, Request for Proposal Geotechnical and Materials Testing Services for Seven Oaks Road Damage Repair procedures, and rules of the County 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 County; and (d) abide by all laws applicable to the County facilities and the provision of the Services, and all additions and modifications to each of subsections (b),(c), and (d) (collectively, “County Policies”). County 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 County facility, electronic posting, or other means generally used by County to disseminate such information to its employees or contractors. Consultant shall be responsible for the promulgation and distribution of County Policies to Consultant personnel to the extent necessary and appropriate.

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

8. Reserved

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

10. County Representative The Department of Public Works, Contract Division Chief or his/her designee shall represent the County 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 San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract.

11. Damage to County Property Consultant shall repair, or cause to be repaired, at its own cost, all damage to County 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 County may make any necessary repairs. For such repairs, the Consultant, shall repay all costs incurred by the County, by cash payment upon demand or County may deduct such costs from any amounts due to the Consultant from the County, as determined at County’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 https://www.sam.gov/

Request for Proposal Geotechnical and Materials Testing Services for Seven Oaks Road Damage Repair

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 County, on County property, or while using County 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…