PDU_-_RFP_-On-Call_Inspection_Services_2024-0108.pdf

County of Sam Mateo – Project Development Unit RFP Inspection of Record Consulting Services

REQUEST FOR PROPOSAL

On-Call Project Inspection Services County of San Mateo Project Development Unit

Release Date: January 16, 2024

Responses are due and must be received no later than 2:00 p.m.

Pacific Daylight Time on February 13, 2024

Sam Lin, Interim Director County of San Mateo Project Development Unit

555 County Center, 2nd floor Redwood City, CA 94063 Email: slin@smcgov.org

REQUEST FOR PROPOSALS

FOR

ON-CALL INSPECTOR OF RECORD SERVICES

PROPOPSALS WILL NOT BE ACCEPTED AFTER

THE DUE DATE AND TIME POSTED

Note regarding the Public Records Act:

Government Code Sections 6250 et seq., the California Public Records Act, defines a public record as any writing containing information relating to the conduct of the public business. The Public Record Act provides that public records shall be disclosed upon written request and that any citizen has a right to inspect any public record unless the document is exempted from disclosure.

Be advised that any contract that eventually arises from this Request for Proposal is a public record in its entirety. Also, all information submitted in response to this Request for Proposal is itself a public record without exception. Submission of any materials in response to this Request for Proposal constitutes a waiver by the submitting party of any claim that the information is protected from disclosure. By submitting materials, (1) you are consenting to release of such materials by the County if requested under the Public Records Act without further notice to you and (2) you agree to indemnify and hold harmless the County for release of such information.

TABLE OF CONTENTS

SECTION I – GENERAL INFORMATION

A. STATEMENT OF INTENT

B. BACKGROUND

C. THE REQUEST FOR PROPOSAL PROCESS

SECTION II – SCOPE OF WORK

A. DESCRIPTION

SECTION III – GENERAL TERMS AND CONDITIONS

SECTION IV – REQUEST FOR PROPOSAL PROCEDURE

A. CONTACT PERSON

B. TENTATIVE SCHEDULE OF EVENTS

C. SUBMISSION OF PROPOSALS

D. CONFIDENTIALITY OF PROPOSALS

E. PROPOSAL EVALUATION

F. PROPOSAL RECOMMENDATION

G. NOTICE TO PROPOSERS

H. PROTEST PROCESS

SECTION V – PROPOSAL SUBMISSION REQUIREMENTS

GENERAL INSTRUCTIONS

A. COVER LETTER

B. SPECIFIED CONTENT AND DETAILED SEQUENCE OF INFORMATION IN THE RFP

C. TABBING OF SECTIONS

SECTION VI – ENCLOSURES

SECTION I – GENERAL INFORMATION

A. STATEMENT OF INTENT

As outlined in greater detail in Section II – Scope of Work, this Request for Proposal (RFP) is to provide Project Inspection Services. These services include but are not limited to; assuring that all specified construction elements and systems work individually and together as intended and required. Project inspection shall effectively and efficiently ensure that all work complies with the approved construction documents and applicable codes and regulations.

This On-Call Service Contract will be managed by the County of San Mateo – Project Development Unit (PDU) and individual Task Orders will be issued in conjunction with this contract and may be issued on a full or part time basis dependent on the needs of the County. Projects may include inspections services for new construction, renovations to existing construction, tenant improvements, and existing/future site assessments. Proposers will report to the PDU and work with as an integral piece of the project team and shall report to the PDU PM/CM that is assigned to each project team. The target start date and term for the proposed services is subject to negotiation of a final agreement and through to the completion of the project. PDU intends to bring under contract up to three on-call firms to start provided services on an as needed basis as contracts are executed.

B. BACKGROUND

The Project Development Unit (PDU) manages the development of all concepts, programming, procurement, and designs in addition to the construction phase of each project. The County’s focus on quality construction, sustainable building and zero net energy are hallmarks of each project. The County also requests high standards to ensure all projects are safe, accessible to residents and clients of County agencies, the public, and the County employees. The PDU has no specific project size or dollar value associated with the projects associated with the request, but current and previous PDU projects have ranged from $500K to $230M.

C. THE REQUEST FOR PROPOSAL PROCESS

This RFP seeks the submission of proposals On Call-Inspection of Record contractors to provide services from all interested and qualified proposers. The County of San Mateo seeks, by way of this RFP, to obtain the listed services in a manner that maximizes the quality of services, while also maximizing value to the County and, by extension, the citizens of the County. Proposers must be able to show that they can perform the services requested. Such evidence includes, but is not limited to, the respondent’s demonstrated competency and experience in delivering services of a similar scope and type and local availability of the proposer’s personnel and equipment resources.

SECTION II – SCOPE OF WORK

A. DESCRIPTION

Firms(s) shall provide professional construction inspection services continually throughout the life of the project(s) they are selected to perform duties on and assure that all construction elements and systems work individually and together as intended and required. Project inspections shall effectively and efficiently ensure that all work complies with the approved construction documents and applicable codes and regulations.

The initial scope of work for each project will be established prior to the issuing of a task order;

dependent upon the Project’s needs, firms may be requested to perform various inspection tasks at different phases of design and construction.

The Inspector’s services shall include but not be limited to the following tasks:

1. Provide project inspection services to ensure compliance with applicable California Building

Codes/Regulations, construction drawings, specifications and quality control required by the contract documents or as requested by PDU. Issue correction notices, notices of non-compliance as required and notify the Architect/Engineering (A/E) Team and the County Project Manager in writing if work does not conform to contract documents.

2. Prior to commencement of work, Inspector will work with the contractor and project team to develop an inspection plan for the duration of the construction project.

3. Maintain liaison through the PDU with the A/E Team, Special Inspectors and other regulatory agencies and governing bodies as necessary to maintain project continuity.

4. Submit, daily activity report to the Construction Manager, including the following information:

A. Specific inspections performed.

B. Site conditions associated with inspections performed.

C. Weather conditions.

D. Inspector’s equipment and materials associated with inspections performed.

E. Contractors and subcontractors associated with inspections performed.

F. Nature and location of the work being performed (starting and completion dates for various portions of the work).

G. Verbal instruction and clarifications of the work given to the Contractor.

H. Inspection by representatives of regulatory agencies.

I. Note occurrences or conditions that might affect Contract Sum or Contract Time.

J. Record any work or material in place that does not correspond with the drawings or specifications, as well as resulting action taken. List any other problems or abnormal occurrences that arise during each day, including notations of any lack of activity on the part of the Contractor. Note corrective actions taken.

5. Inspector shall comply with all federal, state, county, and local governmental requirements.

6. Review and monitor Contractor’s construction methods and procedures during all construction activities, including earthwork, concrete placement, masonry erection, welding procedures, all finishes, electrical, mechanical, fire alarm, etc.

7. Attend all meetings as required in contract documents and requested by the County, i.e., billing meetings, specification review meetings, coordination meetings, weekly progress meetings, pre-roofing meetings, etc.

8. Assist the PDU and Contractor in scheduling all required tests and testing laboratory visitations required by the Contract Documents. Observe and record dates, times, and outcomes for all test procedures.

9. Inspect, verify, and document Contractor’s delivered equipment and materials to ensure that they meet submittal and specification requirements. Such inspection must occur within 48 hours of Contractor’s delivery of equipment to the job site.

10. Submit to the PDU, A/E and Contractor, in a timely manner, a detailed report or request for a clarification whenever any corrective change is necessary in field construction that will result in a variance from the drawings or specifications as originally issued, including Field Change Directives.

11. Assist the County in the review of Contractor’s Submittals and provide comments on code compliance and the requirements of the contract documents.

12. While performing services provide all inspection records, reports, photos, and project correspondence to the PDU daily in an electronic format ready to upload on the County’s choice of project management software. These deliverables shall be submitted to the respective project PM/CM for each project.

13. At completion of the project, deliver all inspection records, project correspondence, and certifications associated with inspections performed to the County.

The firm(s) shall also have experience working with the various regulatory agencies and have knowledge of the various County permit application processes; to include but not limited to Planning, Building, Environmental Health, Public Works, and Fire; in addition to the following potential CEQA/EIR agencies, The capability of firms or individuals submitting proposals shall include project inspection services that cover the full spectrum (“cradle-to-grave”) of their task, including owner representation, support and recommendations pertaining to all tasks performed; due diligence, data gathering, information organization, oversight and an analysis factors used to produce the final recommendation of a task.

The County may request all or some of the tasks above dependent the nature of the project assigned.

The firm must be so staffed as to render these services expeditiously upon request.

The selected consultant(s) will become an integral member of the County’s PDU projects implementation team. The consultant(s) final selection is pending County Board of Supervisor’s approval of negotiated service agreements.

Proposals will be considered only from firm(s) who can demonstrate the following minimum qualifications:

1. Firm(s) has demonstrated experience as well as in-house resources necessary to effectively provide the required services.

2. The Inspector(s) assigned to project(s) shall have significant experience in all phases of public sector construction with successful inspection of Design-Build, Design-Bid-Build, and Construction Manager at Risk project delivery methods within the last five years in the State of California, and proposal shall indicate their names along with resumes.

3. Firm(s) shall be knowledgeable of all applicable codes (including planning and building and the ancillary permit requirements), American with Disabilities Act, federal, state, and local by-laws as applicable, including sustainability, conservation and practice of LEED principles and certification processes.

4. Firm(s) shall have the appropriate resources and personnel and general capability of meeting the project milestones set by the County.

B. COMPENSATION and LENGTH OF AGREEMENT

Firm(s) selected will be offered a NOT-TO-EXCEED contract in the amount of $600,000.00 (Six Hundred Thousand Dollars and no cents). The Project Development Unit will assign independent task orders as services are needed that will be subtracted from the overall not-to-exceed amount.

The anticipated duration of the agreement will be for 3 years, with the term tentatively to begin in early 2024 and end in 2027.

SECTION III – GENERAL TERMS AND CONDITIONS

Read all Instructions. Read the entire RFP and all enclosures before preparing your proposal.

Proposal Costs - Costs for developing proposals are entirely the responsibility of the proposer and shall not be charged to the County or otherwise reimbursed by the County.

Proposal Becomes County Property - The RFP and all materials submitted in response to this RFP shall become the property of the County.

Questions and Responses Process - Submit all questions relating to this RFP to the contact noted in Section IV.

All questions must be received no later than January 30, 2024, by 5:00p.m.

Addendums, additional information, responses to questions, and changes to this RFP - If warranted, will be posted to the PDU website: www.smcpdu.org. It is the responsibility of each proposer to check the website for changes and/or clarifications to the RFP prior to submitting a response. A proposer’s failure to do so will not provide a ground for protest.

Alteration of Terms and Clarifications - No alteration or variation of the terms of this RFP is valid unless made or confirmed in writing by the County. Likewise, oral understandings or agreements not incorporated into the final contract are not binding on the County.

Ambiguities, Conflicts, Discrepancies, Omissions, or other error(s) in the RFP - The proposer must immediately notify the County of such items in question in writing as outlined within this RFP and request modification or clarification of the document. If a proposer fails to notify the County of an ambiguity, conflict, discrepancy, omission or other error in the RFP as prior to the date fixed for submission, the proposer shall submit a response at his/her own risk, and if the proposer enters into a contract, the proposer shall not be entitled to additional compensation or time by reason of the error or its later correction.

Modifications or Clarifications to the RFP - Will be posted to the PDU website www.smcpdu.org as outlined above without divulging the source of the request for same. The County may, at its discretion, also give electronic notice by email to all parties who have notified the County of their electronic contact information in response to this RFP, but no party that fails to receive email notice has any basis for protest given that all clarifications will be available online. It is the obligation of all proposing parties to check the website for updates regarding the RFP if they wish to be kept advised of clarifications prior to submitting a proposal.

Selection of Consultants(s) - The selection of consultant(s) will be memorialized in the form of a “County Agreement with Independent Contractor” (see the enclosed sample of the Standard Contract Template), authorized by a resolution of the County Board of Supervisors and signed by both parties.

The County reserves the right to reject any or all proposals without penalty. The County’s waiver of any deviation in the proposal shall in no way modify the RFP documents or excuse the proposer from full compliance with any eventual contract.

Once the consultant(s) are selected, the Agreement with that consultant(s) must still be negotiated and submitted to the San Mateo County Board of Supervisors for approval, and there is no contractual agreement between the selected consultants unless and until the Board of Supervisors approves and the County executes the Agreement. Selection of a proposal for negotiation of contract terms and eventual submission to County leadership by way of an Agreement does not constitute an offer, and proposers acknowledge by submission of a proposal that no agreement is final unless and until approved by the Board of Supervisors.

Equal Benefits - Contractor shall comply with all laws relating to the provision of benefits to its employees and their spouses or domestic partners, including, but not limited to, such laws prohibiting http://www.smcpdu.org/ http://www.smcpdu.org/ discrimination in the provision of such benefits on the basis that the spouse or domestic partner of the Contractor’s employee is of the same or opposite sex as the employee.

Jury Duty - The contractor must comply with the County Ordinance requiring that the contractor have and adhere to a written policy that provides its full-time employees who live in San Mateo County with no fewer than five days of regular pay for actual jury service in San Mateo County. This policy may provide that employees deposit any fees received for such jury service with the contractor or that the contractor deducts from the employee’s regular pay the fees received for jury service. See the Jury Service Requirements Chapter 2.85 of the Ordinance Code of San Mateo County enclosure. If the proposer has no employees that qualify for jury duty in San Mateo County, the proposer may satisfy this requirement by providing the County with written confirmation of the fact that (1) it has no such employees and (2) it will comply with the jury service pay ordinance with respect to any future qualifying employees.

Insurance - The County has certain insurance requirements that must be met. In most situations those requirements include the following: the contractor must carry $1,000,000 or more in comprehensive general liability insurance; the contractor must carry motor vehicle liability insurance, and if travel by car is a part of the services being requested, the amount of such coverage must be at least $1,000,000;

if the contractor has two or more employees, the contractor must carry the statutory limit for workers’ compensation insurance; if the contractor or its employees maintain a license to perform professional services (e.g., architectural, legal, medical, psychological, etc.), the contractor must carry professional liability insurance; and generally the contractor must name the County and its officers, agents, employees, and servants as additional insured on any such policies (except workers compensation).

Depending on the nature of the work being performed, additional requirements may need to be met.

Incomplete Proposals May be Rejected - If a proposer fails to satisfy any of the requirements identified in this RFP, the proposer may be considered non-responsive, and the proposal may be rejected.

Contact with County Employees - As of the issuance date of this RFP and continuing until the final date for submission of proposals, all proposers are specifically directed not to hold meetings, conferences, or technical discussions with any County employee for purposes of responding to this RFP except as otherwise permitted by this RFP. Any proposer found to be acting in any way contrary to this directive may be disqualified from entering any contract that may result from this RFP.

Proposers should submit questions or concerns about the process as stated above. The proposer should not otherwise ask any County employees questions about the RFP or related issues, either orally or by written communication, unless invited to do so.

Group Purchasing Organization Participation. - Proposers should keep in mind that the County is a participant in more than one Group Purchasing Organization (GPO), and this RFP is open to those who provide services under a GPO. Proposers should ensure their proposals are as competitive as possible while also providing the highest quality services in order to be considered viable consultants for the listed services. The County reserves the right to use GPO consultants if doing so is in the County’s best interest, as determined solely by the County, even if that consultant does not submit a proposal in response to this RFP.

Proposal Fees - Proposer may elect to present their proposal fee in a way that they deem more competitive. General guidelines for different methods are below:

Reimbursables - If work authorized is based on time, equipment, and materials (T&M), all reimbursable services shall require advanced authorization, in writing. All reimbursables are on an actual-cost basis.

When invoicing for reimbursable costs, detailed back up shall be provided to the County, including detailed material or equipment fees, receipts, hourly rates, time spent on tasks and a description of the task (“Detailed Backup”). Use of sub consultants, previously authorized in writing, must also present Detailed Backup.

Office overhead should be calculated into the line items within the classifications of the professional rate schedule and cannot be billed separately. Overhead includes, but is not limited to, accounting functions, office functions, certified payroll compliance, office equipment, phone calls, maintaining books and records, filing, word processing, dictation, office overhead, etc.

Deliverables in the original or electronic format are not reimbursable (reports, photos, drawings, etc.), except when additional hard copies are required.

Travel Costs – Reimbursable Travel Expenses To the extent that this Agreement authorizes reimbursements to Contractor for travel, lodging, and other related expenses as defined in this section, the Contractor must comply with all the terms of this section in order to be reimbursed for travel.

a. Estimated travel expenses must be submitted to authorized County personnel for advanced written authorization before such expenses are incurred. Significant differences between estimated and actual travel expenses may be grounds for denial of full reimbursement of actual travel expenses.

b. Itemized receipts (copies accepted) for all reimbursable travel expenses are required to be provided as supporting documentation with all invoices submitted to the County.

c. Unless otherwise specified in this section, the County will reimburse Contractor for reimbursable travel expenses for days when services were provided to the County.

Contractor must substantiate in writing to the County the actual services rendered and the specific dates. The County will reimburse for travel at 75% of the maximum reimbursement amount for the actual costs of meals and incidental expenses on the day preceding and/or the day following days when services were provided to the County, provided that such reimbursement is reasonable, in light of travel time and other relevant factors, and is approved in writing by authorized County personnel.

d. Unless otherwise specified within the contract, reimbursable travel expenses shall not include Local Travel. “Local Travel” means travel entirely within a fifty-mile radius of the Contractor’s office and travel entirely within a fifty-mile radius of San Mateo County or specified project. Any mileage reimbursements for a Contractor’s use of a personal car for reimbursable travel shall be reimbursed based on the Federal mileage reimbursement rate.

e. The maximum reimbursement amount for the actual lodging, meal and incidental expenses is limited to the then-current Continental United States (“CONUS”) rate for the location of the work being done (i.e., Redwood City for work done in Redwood City, San Mateo for work done at San Mateo Medical Center) as set forth in the Code of Federal

Regulations and as listed by the website of the U.S. General Services Administration (available online at http://www.gsa.gov/portal/content/104877 or by searching www.gsa.gov for the term ‘CONUS’). County policy limits the reimbursement of lodging in designated high cost of living metropolitan areas to a maximum of double the then-current CONUS rate; for work being done outside of a designated high cost of living metropolitan area, the maximum reimbursement amount for lodging is the then-current CONUS rate.

f. The maximum reimbursement amount for the actual cost of airfare shall be limited to fares for Economy Class or below. Air travel fares will not be reimbursed for first class, business class, “economy-plus,” or other such classes. Reimbursable car rental rates are restricted to the mid-level size range or below (i.e. standard size, intermediate, compact, or subcompact); costs for specialty, luxury, premium, SUV, or similar category vehicles are not reimbursable. Reimbursable ride-shares are restricted to standard or basic size vehicles (i.e., non-premium vehicles unless it results in a cost-saving to the County). Exceptions may be allowed under certain circumstances, such as unavailability of the foregoing options, with written approval from authorized County personnel. Other related travel expenses such as taxi fares, ride-shares, parking costs, train or subway costs, etc. shall be reimbursable on an actual-cost basis. Reimbursement of tips for taxi fare or rideshare are limited to no more than 15% of the fare amount.

g. Travel-related expenses are limited to: airfare, lodging, car rental, taxi/ride-share plus tips, tolls, incidentals (e.g. porters, baggage carriers or hotel staff), breakfast, lunch, dinner, mileage reimbursement based on Federal reimbursement rate. The County will not reimburse for alcohol.

h. Reimbursement of tips are limited to no more than 15 percent. Non-reimbursement items (i.e., alcohol) shall be excluded when calculating the amount of the tip that is reimbursable.

Sub-consultants - All requirements of this RFP shall apply to any proposed sub-consultant, unless compliance is waived in writing by the County in its sole discretion.

Miscellaneous - This RFP is not a commitment or contract of any kind. The County reserves the right to pursue any and/or all ideas generated by this RFP. The County reserves the right to reject any and all proposals and/or terminate the RFP process if deemed in the best interest of the County. Further, while every effort has been made to ensure the information presented in this RFP is accurate and thorough, the County assumes no liability for any unintentional errors or omissions in this document.

The County reserves the right to waive or modify any requirements of this RFP when it determines that doing so is in the best interest of the County. Finally, the County may revise or clarify aspects of the required services after proposals are submitted by communicating directly to some or all of the consultants that submitted proposals.

The terms and conditions of this RFP, including any addendum, shall become a part of any agreement resulting from this RFP.

http://www.gsa.gov/portal/content/104877 http://www.gsa.gov/portal/content/104877 http://www.gsa.gov/ http://www.gsa.gov/

SECTION IV – REQUEST FOR PROPOSAL PROCEDURE

This section describes the general RFP procedure used by the County, and the remaining sections of this RFP list detailed requirements.

A. CONTACT PERSON

The contact person at the County for questions and proposal submissions for this RFP is:

Jasmine Gao – Capital Project Manager 555 County Center, 2nd floor

Email - jgao@smcgov.org

B. TENTATIVE SCHEDULE OF EVENTS

Dates are subject to change

EVENT DATE

Release Request for Proposal 1/16/24

Deadline to submit questions to the County 1/30/24

Last addendum posted by 2/6/24

Proposal Submission Deadline 2/13/24 @ 2:00 PM

Review proposals 2/14/24 – 2/20/24

Selected Firm(s) Announced by PDU 2/20/24

Contract Phase 2/21/24 – 3/1/24

Recommendation to Board of Supervisors Completed by 3/26/24

C. SUBMISSION OF PROPOSALS

By submitting a proposal, each proposer certifies that its submission is not the result of collusion or any other activity which would tend to influence the selection process directly or indirectly. The proposal will be used to determine the proposer's capability of rendering the services to be provided.

The failure of a proposer to comply fully with the instructions in this RFP may eliminate its proposal from further evaluation as determined in the sole discretion of the County. The County reserves the sole right to evaluate the contents of proposals submitted in response to this RFP and to select a contractor, if any.

All responses must be received by the stated date and time in order to be considered for award. The County will not be responsible for late proposals. Proposals received late will not be opened or given any consideration for the proposed services unless doing so is deemed to be in the best interest of the County, as determined in the sole discretion of the County.

D. CONFIDENTIALITY OF PROPOSALS

California Government Code Sections 6250 et seq. (the “California Public Records Act” or the “Act”) defines a public record as any writing containing information relating to the conduct of the public business. The Act provides that public records shall be disclosed upon written request and that any citizen has a right to inspect any public record unless the document is exempted from disclosure.

The materials submitted in response to this RFP are subject to the California Public Records Act.

mailto:jgao@smcgov.org

Be advised that any contract that eventually arises from this RFP is a public record in its entirety.

Also, all information submitted in response to this RFP is itself a public record without exception.

Submission of any materials in response to this RFP constitutes a waiver by the submitting party of any claim that the information is protected from disclosure. By submitting materials, (1) you are consenting to release of such materials by the County if requested under the Public Records Act without further notice to you and (2) you agree to indemnify and hold harmless the County for release of such information.

If the County receives a request for any portion of a document submitted in response to this RFP, the County will not assert any privileges that may exist on behalf of the person or entity submitting the proposal, and the County reserves the right to disclose the requested materials without notice to the party who originally submitted the requested material. To the extent consistent with the Public Records Act and applicable case law interpreting those provisions, the County and/or its officers, agents, and employees retain discretion to release or withhold any information submitted in response to this RFP.

Submission of a proposal constitutes a complete waiver of any claims whatsoever against the County and/or its officers, agents, or employees that the County has violated a proposer's right to privacy, disclosed trade secrets, or caused any damage by allowing the proposal to be inspected.

E. PROPOSAL EVALUATION

All proposals received will be evaluated by an RFP Evaluation Committee. During the evaluation process, the County may require a proposer's representative to answer specific questions orally and/or in writing. The County may also require a visit to the proposer's offices, other field visits or observations by County representatives, or demonstrations as part of the overall RFP evaluation.

Once a finalist or group of finalists is selected, additional interactions or information may be required.

The most qualified individual or firm(s) will be recommended by the RFP Evaluation Committee based on the overall strength of each proposal, and the evaluation will be focused on factors such as cost, past performance/ references, and qualifications.

Qualifications and Experience: Provide summaries of three projects the Proposer has delivered.

Include the name of the Owner or Developer of the project, its location, approximate budget, and the Proposer’s specific role in the project. Also provide the name and contact information of a representative of the Owner or Developer from whom a reference can be obtained.

Firms Key Personnel: List specific management and supervisory personnel proposed for the project team. Indicate the project assignment and responsibilities of each of the project management staff. Provide a resume for each proposed team member, specifically stating his or her experience and qualifications. State the current and anticipated work assignments for each individual. Include at least three client references, including contact information, for each individual listed.

Organization: Provide an organizational chart graphically indicating how the firm would structure and staff the proposed team. Include delegation of responsibility and assignment of authority.

Sustainability Experience: Provide example(s) of advanced sustainability projects the Proposer has been a part of. Include the name of the Owner or Developer of the project, its location, approximate budget, and the Proposer’s specific role in the project. Also provide the name and contact information of a representative of the Owner or Developer from whom a reference can be obtained.

Compliance with County RFP and contractual requirements

The County may consider any other criteria it deems relevant, and the Evaluation Committee is free to make any recommendations it deems to be in the best interest of the County. Inaccuracy of any information supplied within a proposal or other errors constitute grounds for rejection of the proposal.

However, the County may, in its sole discretion, correct errors or contact a proposer for clarification.

Note - The County reserves the right to evaluate proposals solely based on each consultant’s written submission. In relation to written materials, evaluation will be performed only on the material included directly in the proposal itself unless otherwise indicated or requested by the County. Your proposal must be complete without relying on external websites, sales brochures, marketing materials or white papers. The County reserves the right to accept proposals, which may not necessarily be the lowest cost.

F. PROPOSAL RECOMMENDATION

The Evaluation Committee will recommend a consultants or consultants or may recommend that the proposals be rejected. The County will then make its own decision as to whether to accept or reject the recommendations from the Evaluation Committee. Ultimate acceptance or rejection of the recommended proposal and execution of a contractual agreement is the independent prerogative of the County, notwithstanding any recommendations made by the Evaluation Committee. The County reserves the right to negotiate with any consultants to finalize an agreement in relation to the proposer's response.

G. NOTICE TO PROPOSERS

The County is not required to give notice to proposers in any specific format or on any particular timeline. At some point prior to execution of a final agreement for the requested services, the County will notify those who submitted proposals of their non-selection. Proposers may be notified at different times depending on the needs of the County.

H. PROTEST PROCESS

If a proposer desires to protest the selection decision, the proposer must submit, by USPS mail, a written protest within five (5) business days after the delivery of the notice about the decision. The written protest should be submitted to the Project Development Unit as outlined below. Protests received after the deadline will not be accepted. Protests must be in writing, must include the name and address of the proposer, identify the RFP service requested, and must state all the specific grounds for the protest. A protest that merely addresses a single aspect of the selected proposal (for example, comparing the cost of the selected proposal in relation to the non-selected proposal) is not sufficient to support a protest. A successful protest will include sufficient evidence and analysis to support a conclusion that the selected proposal, taken as a whole, is an inferior proposal.

The County will respond to a protest within 14 business days of receiving it, and the County may, at its election, set up a meeting with the proposer to discuss the concerns raised by the protest. The decision of the County will be final. The protest letter must be addressed as follows, with a copy to the County Contact Person:

Sam Lin Interim Director of Project Development Unit

555 County Center, 2nd Floor

SECTION V – PROPOSAL SUBMISSION REQUIREMENTS

The proposal should be submitted in the following format:

GENERAL INSTRUCTIONS

All proposals should be in type-format and have a table of contents, cover letter, tabs 1 – 8 (at a minimum), and page numbering.

All proposals should adhere to the specified content and sequence of information described by this RFP. Provide the same information requested, for any consultants you intend to team with on this project.

The RFP response will be submitted to the County Contact Person in the form of three (3) hard copies and one (1) electronic copy. Clearly mark on the envelope or cover of your RFP response.

A. COVER LETTER

Provide a one-page cover letter on your letterhead that includes your address, phone number and e-mail address of the contact person or persons. List the name and title of each person authorized to represent the proposer in negotiations.

Unless the proposer is an individual, all proposals must be signed with a firm/company/partnership/entity name and by a responsible officer or employee indicating that officer or employee’s authorization to commit the proposer to the terms of the proposal. Obligations assumed by such signature must be fulfilled.

B. SPECIFIED CONTENT AND DETAILED SEQUENCE OF INFORMATION IN THE RFP

Each proposal should include sections addressing the following information in the order shown in the following section. The proposer should be sure to include all information that it feels will enable the Evaluation Committee and, ultimately, the County to make a decision. Failure of the proposer to provide specific, detailed information may result in its proposal being rejected in favor of a sufficiently detailed proposal. Any necessary exhibits or other information, including information not specifically requested by this RFP but that you feel would be helpful, should be attached to the end of the proposal. The party submitting the materials should keep in mind the limitations on confidential information described in Section IV.

C. TABBING OF SECTIONS

TAB 1 Qualifications and Experience:

1) Provide a statement of qualifications for your organization, including an organization chart, a statement of the size of firm, a description of services provided by your organization, and a statement of the extent of experience/history providing the services requested by this RFP.

2) How many full-time employees (FTEs) are you capable of assigning if you are selected?

3) How many people in total are employed by your company? Delineate between employees and consultants.

4) If applicable, list the professional qualifications for every individual(s) that would be assigned to provide services requested by this RFP, including date and educational institutions of any applicable degrees, additional applicable training, and any professional certifications and/or licensing. In lieu of listing this information, you may submit a resume or curriculum vitae for each such individual if the resume/CV includes all the requested information.

TAB 2 Philosophy and Service Model:

This section describes your philosophy and service model for meeting the services required by this RFP. Relevant considerations include the quality and feasibility of your approach to meeting these needs, the manner in which you plan to provide adequate staffing (including planning for absences and back-up coverage, training, background checks, and staff monitoring, etc.), and equipment or other resources provided by you (if applicable). Keep these considerations in mind as you respond to the following:

1) Describe how you will fulfill the needs of the County described in this RFP. Attach a project plan, if appropriate.

2) Identify how you will meet the requirements of the scope of work and related requirements stated in the RFP. List any items that you cannot provide.

3) In the event of the identification of a problem by the County, its clients and/or other applicable constituents, describe how you will address such problems and the timeframe for addressing them.

TAB 3 Project Experience:

Provide the County with a listing of relevant projects completed by the firm in the past five years, at a minimum. The list should include:

1) Title of project

2) Name of the entity

3) Brief description of the project, including value

4) Clients’ names and contact information

TAB 4 Claims, Licensure, Non-Discrimination, and Health Insurance Portability and Accountability Act (HIPAA) Violations Against Your Organization:

List any current licensure, HIPAA, non-discrimination claims against you/your organization and those having occurred in the past five years, especially any resulting in claims or legal judgments against you.

TAB 5 Proposal Fee and Professional Rates:

1) Provide a fee for all costs associated in providing the requested services, if your firm is selected. This fee should be in the form of Time and Materials.

2) For all fee structures, include the classification of personnel and the hourly rate for each classification.

3) List any additional services that you foresee may be necessary, if any, and list the proposed costs for such services.

TAB 6 Cooperative Purchasing:

State whether the resultant contract can be extended to other San Mateo County departments and/or public agencies in the San Francisco Bay area upon their request. Your response to this inquiry will not affect the selection decision unless other factors are deemed to be equal by the County.

TAB 7 References:

List at least three business references for which you have recently provided similar services, not already named in Tab 3. Include contact names, titles, phone numbers and e-mail.

TAB 8 Statement of Compliance with County Contractual Requirements:

A sample of the County’s standard contract (including Exhibits A and B) is attached to this RFP.

Each proposal must include a statement of the proposer’s commitment and ability to comply with each of the terms of the County’s standard contract, including but not limited to the following:

1) The County non-discrimination policy

2) The County equal employment opportunity requirements

3) County requirements regarding employee benefits

4) The County jury service pay ordinance

5) The hold harmless provision

6) County insurance requirements

7) All other provisions of the standard contract

In addition, the proposer should include a statement that it will agree to have any disputes regarding the contract venued in San Mateo County or Northern District of California.

The proposal must state any objections to any terms in the County’s contract template and provide an explanation for the inability to comply with the required term(s). If no objections are stated, the County will assume the proposer is prepared to sign the County standard contract template as-is.

NOTE: The sample Standard Contract Template enclosed with this RFP is a template and does not constitute the final agreement to be prepared for the selected service consultants. Do not insert any information or attempt to complete the enclosed sample contract template. Once firm(s) are selected, the County will work with the selected consultants to draft a consultants-specific contract using the template. However, each proposal should address the general terms of the standard contract as requested within this RFP.

SECTION VI – ENCLOSURES

Enclosure 1 Sample of Standard Contract Template

Enclosure 1

AGREEMENT BETWEEN THE COUNTY OF SAN MATEO

AND [Contractor name]

*******REMOVE ALL INSTRUCTIONAL NOTES IN RED BEFORE SENDING CONTRACT TO SERVICE PROVIDER)

This Agreement is entered into this _____ day of _______________ , 20_____, by and between the County of San Mateo, a political subdivision of the state of California, hereinafter called “County,” and [Insert contractor legal name here], hereinafter called “Contractor.

”Whereas, pursuant to Section 31000 of the California Government Code, County may contract with independent contractors for the furnishing of such services to or for County or any Department thereof;

and;

Whereas, it is necessary and desirable that Contractor be retained for the purpose of [Enter information here].

Now, therefore, it is agreed by the parties to this Agreement as follows

Exhibits and Attachments

The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:

Exhibit A—Services Exhibit B—Payments and Rates Attachment I—§ 504 Compliance Attachment IP – Intellectual Property

1. Services to be performed by Contractor

In consideration of the payments set forth in this Agreement and in Exhibit B, Contractor shall perform services for County in accordance with the terms, conditions, and specifications set forth in this Agreement and in Exhibit A.

2. Payments

In consideration of the services provided by Contractor in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A, County shall make payment to Contractor based on the rates and in the manner specified in Exhibit B. County reserves the right to withhold payment if County determines that the quantity or quality of the work performed is unacceptable. In no event shall County’s total fiscal obligation under this Agreement exceed [write out amount] ($Amount). In the event that the County makes any advance payments, Contractor agrees to refund any amounts in excess of the amount owed by the County at the time of contract termination or expiration. Contractor is not entitled to payment for work not performed as required by this agreement.

3. Term

Subject to compliance with all terms and conditions, the term of this Agreement shall be from [Month and day] , 20[last 2 digits of start year], through [Month and day] , 20[last 2 digits of end year].

4. Termination

This Agreement may be terminated by Contractor or by the Director of Public Works or his/her designee at any time without a requirement of good cause upon thirty (30) days’ advance written notice to the other party. Subject to availability of funding, Contractor shall be entitled to receive payment for work/services provided prior to termination of the Agreement. Such payment shall be that prorated portion of the full payment determined by comparing the work/services actually completed to the work/services required by the Agreement.

County may terminate this Agreement or a portion of the services referenced in the Attachments and Exhibits based upon the unavailability of Federal, State, or County funds by providing written notice to Contractor as soon as is reasonably possible after County learns of said unavailability of outside funding.

County may terminate this Agreement for cause. In order to terminate for cause, County must first give Contractor notice of the alleged breach. Contractor shall have five business days after receipt of such notice to respond and a total of ten calendar days after receipt of such notice to cure the alleged breach.

If Contractor fails to cure the breach within this period, County may immediately terminate this Agreement without further action. The option available in this paragraph is separate from the ability to terminate without cause with appropriate notice described above. In the event that County provides notice of an alleged breach pursuant to this section, County may, in extreme circumstances, immediately suspend performance of services and payment under this Agreement pending the resolution of the process described in this paragraph. County has sole discretion to determine what constitutes an extreme circumstance for purposes of this paragraph, and County shall use reasonable judgment in making that determination.

5. Contract Materials

At the end of this Agreement, or in the event of termination, all finished or unfinished documents, data, studies, maps, photographs, reports, and other written materials (collectively referred to as “contract materials”) prepared by Contractor under this Agreement shall become the property of County and shall be promptly delivered to County. Upon termination, Contractor may make and retain a copy of such contract materials if permitted by law.

6. Relationship of Parties

Contractor agrees and understands that the work/services performed under this Agreement are performed as an independent contractor and not as an employee of County and that neither Contractor nor its employees acquire any of the rights, privileges, powers, or advantages of County employees.

7. Hold Harmless

a. General Hold Harmless

Contractor shall indemnify and save harmless County and its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description resulting from this Agreement, the performance of any work or services required of Contractor under this Agreement, or payments made pursuant to this Agreement brought for, or on account of, any of the following:

(A) injuries to or death of any person, including Contractor or its employees/officers/agents;

(B) damage to any property of any kind whatsoever and to whomsoever belonging;

(C) any sanctions, penalties, or claims of damages resulting from Contractor’s failure to comply, if applicable, with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; or

(D) any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of County and/or its officers, agents, employees, or servants. However, Contractor’s duty to indemnify and save harmless under this Section shall not apply to injuries or damage for which County has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct.

The duty of Contractor to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

b. Intellectual Property Indemnification

Contractor hereby certifies that it owns, controls, and/or licenses and retains all right, title, and/or interest in and to any intellectual property it uses in relation to this Agreement, including the design, look, feel, features, source code, content, and/or other…