Request for Proposal No.

PWG126-ADMIN-6450

Professional Subsurface Utility Locating Services

San Bernardino County Flood Control District

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

Release Date: July 10, 2026

Request for Proposal Professional Subsurface Utility

Locating Services

No. PWG126-ADMIN-6450

Rev. 3/2026 - Pro. Services

I. INTRODUCTION

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

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

B. RFP Contact

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

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

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

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

Proposals will not be accepted by email or facsimile (not bid questions). Proposals must be submitted electronically through the County Electronic Procurement Network (ePro). Hard copy proposals will not be accepted. 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. Proposers shall also include a separate Fee Proposal Sheet(s) for each subcontractor (if any). The proposal and Attachment E must be received (separately) on or before the Deadline for Proposals. Failure to comply with this requirement shall disqualify the Proposer. A sample Fee Proposal Sheet(s) is found in Attachment E to this RFP. The Fee Proposal Sheet(s) shall include the information requested in Attachment E. The 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. Budget

Funding for the Services will be provided by the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (Grant) and local cost share funds. Proposers accept and agree to abide by all terms and conditions of the Grant and any subsequent grant award agreement entered into between the District and FEMA. The Notice of Funding Opportunity and subsequent Grant award agreement are incorporated into the body of this RFP and any subsequent contract(s) by reference. All parties agree that Federal funds under this award will be used to supplement, but not supplant, State or local funds.

D. Contract Term Services to be provided under this Request for Proposals (RFP) are outlined under Section V, Scope of Work. The Contract period will be for a maximum of one (1) year beginning on August 24, 2026, and ending on August 24, 2027. The Contract shall include a schedule of fees that will be valid for the Contract term.

mailto:eruvalcaba@dpw.sbcounty.gov

Request for Proposal Professional Subsurface Utility

Locating Services

E. Location of Services The proposed Project is in the City of Chino and City of Ontario, San Bernardino County. Beginning at Cypress Channel, south of the intersection of Riverside Drive and Cypress Avenue, continuing north along Cypress Avenue, west along Walnut Avenue and north along Mountain Avenue, ending at the intersection of Mountain Avenue and Philadelphia Street. See attached location map and pothole plans.

The Proposer must include in 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.

II. PROPOSAL TIMELINE

Release of RFP July 10, 2026

Deadline for Submission of Questions July 20, 2026 – 12:00 PM Local Time

Deadline for Proposals July 30, 2026 – 12:00 PM Local Time

Date for Tentative Contract Award August 2026

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

III. DEFINITIONS

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

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

District: San Bernardino County Flood Control District.

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

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

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

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

Purchasing Agent: The Director of the County Purchasing Department.

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

Request for Proposal Professional Subsurface Utility

Locating Services

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 Contractor who is performing services on behalf of Contractor under the Contract or under a separate contract with or on behalf of Contractor.

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

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

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

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

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

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

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

Request for Proposal Professional Subsurface Utility

Locating Services

No Proposal shall be rejected, however, if it contains a minor irregularity, defect or variation. If the irregularity, defect or variation is considered by the District to be immaterial or inconsequential, the District may choose to accept the Proposal.

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

1. Do not affect responsiveness;

2. Are merely a matter of form or format;

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

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

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

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

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

In such cases the Proposer will be notified of the deficiency in the Proposal and given an opportunity to correct the irregularity, defect or variation or the District may elect to waive the deficiency and accept the Proposal. The decision to provide a waiver shall in no way modify or compromise the overall purpose of the submittal, nor excuse the Proposer from compliance with all requirements if awarded a Contract.

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

H. 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 District and are subject to release according to the California Public Records Act (Government Code §7290.000). All Proposal information, including cost information, will be held in confidence during the evaluation and negotiation process.

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

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

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

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

Proposer may be requested to obtain legal protection from disclosure should a Public Records Act request be received. In the event the District does not disclose the information marked “Confidential,” Proposer

Request for Proposal Professional Subsurface Utility

Locating Services agrees to reimburse the District for, and to indemnify, defend (with counsel approved by District) and hold harmless the District, its officers, employees, agents, and volunteers from and against any and all claims, damages, losses, liabilities, suits, judgments, fines, penalties, costs and expenses, including without limitation, attorneys’ fees, expenses and court costs of any nature arising from or relating to the District’s non-disclosure of any such designated portions of a Proposal.

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

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

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

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

Request for Proposal Professional Subsurface Utility

Locating Services

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 District 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 District 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 proposed Project is located in the City of Chino and City of Ontario, San Bernardino County.

Beginning at Cypress Channel, south of the intersection of Riverside Drive and Cypress Avenue, continuing north along Cypress Avenue, west along Walnut Avenue and north along Mountain Avenue, ending at the intersection of Mountain Avenue and Philadelphia Street. See attached location map.

The existing Magnolia Storm Drain outlets into the Cypress Channel, directly south of the intersection of Riverside Drive and Cypress Avenue. This project proposes removal of the existing 66” and 72” reinforced concrete pipe (RCP) and replacement with reinforced concrete box (RCB) of varying size. The proposed storm drain will be sized to safely convey 100-year storm flowrate from the surrounding residential and commercial developments into Cypress Channel to prevent flooding impacts in the ultimate condition.

The project will include channel improvements for the connection of the Magnolia Storm Drain. The project includes installation of RCB, manholes, junction structures, channel improvements, utility relocations, roadway reconstruction and removal of the existing RCP.

B. PROJECT DESCRIPTION

Contractor shall furnish all labor, materials, parts and equipment necessary to locate utilities using air/water vacuum soil extraction, GPR, or other non-destructive methods if approved by the District.

Some pothole locations may be for utility trenches or intersection utilities. The District will pay one (1) pothole for utility trenches or intersection utilities. Location of utilities on the Potholing Plans(s) are as shown on atlases provided by utilities or record drawings but are not guaranteed. Locations may be adjusted in the field by a San Bernardino County Flood Control District representative. See attached Location Map and Pothole Plans.

The District reserves the right, in its sole discretion, to determine if any or all work will be needed under any Contract awarded pursuant to this RFP (Request for Proposal).The Contractor shall not be entitled https://www.sam.gov/

Request for Proposal Professional Subsurface Utility

Locating Services to any claim for loss of profits or otherwise should the District fall to determine a need for services under any Contract awarded pursuant to this RFP.

The Contractor shall furnish all labor, materials, parts and equipment necessary to locate utilities by means of potholing at the following locations:

Riverside Avenue, Cypress Avenue, Walnut Avenue, Mountain Avenue in the City of Chino, and Philadelphia Street in the City of Ontario.

Potholing services will be required to obtain accurate horizontal and vertical location of pipe/cable/conduit, and size of pipe for water, sewer, gas, telephone, fiber optic and communication facilities located within the project limits.

See attached Location Map and Pothole Plans indicating 47 desired pothole locations. Up to six

(6) additional potholes may be required within 60 days of the notice to proceed/contract award.

1. NOTICE TO PROCEED

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

2. DIG ALERT (811) NOTIFICATION

Upon receipt of the written Notice to Proceed from the District, the Contractor shall mark out, in white water-based paint, the area where the potholing will be performed. Within 14 days, but not than two working days, prior to commencement of work, Contractor is to notify the regional notification center (Dig Alert) at https://www.digalert.org or 811 with a description of the potholing locations. Dig Alert will mark approximate locations of the utility lines.

No work shall be performed unless existing utilities, including utilities to be potholed, have been marked in accordance with Dig Alert guidelines. If the utilities are not so marked, Contractor will notify Dig Alert.

Pursuant to Public Contract Code Section 7104,

(a) Contractor shall promptly, and before the following conditions are disturbed, notify the District, in writing, of any:

(1) Material that Contractor believes may be material that is hazardous waste, as defined in Section

25117 of the Health and Safety Code, that is required to be removed to Class 1, Class II, or Class III disposal site in accordance with provisions of existing law.

(2) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.

(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the work of the character provided for in the contract.

(b) The District shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in the contract.

(c) In the event that a dispute arises between the District and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s https://www.digalert.org/

Request for Proposal Professional Subsurface Utility

Locating Services cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. The Contractor shall retain all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contraction parties.

3. POTHOLING

At each pothole location, Contractor shall remove pavement and/or asphalt concrete, if necessary.

The Contractor shall expose top and bottom of underground utilities by extracting soil in a damage-preventing manner to protect utility facilities. Excavation methods shall comply with Government Code 4216 et seq. Contractor shall excavate to expose the top and bottom of the utility lines. For potholing within sidewalk or curb ramp, the Contractor shall remove and properly dispose of the entire Porland Concrete Cement panel, as delineated by weakened plane joints, at the location of the pothole. Disposal of excess materials shall be the responsibility of the Contractor. Each pothole shall be cored no larger than 12 inches in diameter and adjacent pavement and surfaces shall be always protected.

The Contractor shall take measurements to accurately establish the horizontal and vertical location of the utility line. The Contractor shall provide written documentation of accurate measurements from utility to reference points.

4. POTHOLE REPAIRS

The Contractor shall backfill and repair the excavation and fully restore all existing improvements that were disturbed. Cold patch asphalt for pothole repairs will not be allowed; however, the District will allow the use of high-performance asphalt cold patch products such as QPR or CrafCo brands, if approved by the City of Chino or City of Ontario. Data substantiating a request for a substitution of “an equal” item must be submitted with the proposal. All repairs shall be made in accordance with the latest edition of the County “Permit Conditions and Trench Specifications” that is available upon request when the Flood Permit is issued or online: General-Permit-Conditions-and-Trench- Specifications-September-1-2019.pdf. All repair costs shall be included in the unit cost per pothole.

The Contractor will be responsible for proper disposal of any spoils. No broken asphalt or concrete shall be used as backfill and shall be disposed of properly.

5. DAMAGED UTILITIES

The Contractor’s operations shall be conducted in such a manner as to ensure the safety and integrity of the utility and not damage exposed utility facilities, including wrappings and coatings. In the event of damage to a facility, including by the willful or negligent acts of the Contractor or Contractor’s employees or agents during potholing activities, the Contractor shall stop work and notify the utility purveyor and the District immediately (contact Christina de Leon-Collado at 909- 387-8256 or Eloy Ruvalcaba at 909-387-7965). The Contractor may not resume work until the appropriate purveyor has determined what action is to be taken. The Contractor shall be solely responsible for repair costs associated with damaged utilities.

6. FAILURE TO LOCATE A UTILITY

No payment shall be made for a request for potholing services if Contractor fails to locate the requested utility facility due to a Contractor error. However, the Contractor will be compensated at 50% of the contract pothole price if the failure to locate is not due to Contractor error, as determined by the District’s representative.

7. FINAL CLEAN-UP

The Contractor shall leave each worksite in a clean and neat condition acceptable to the engineer/inspector. If a worksite is not left in a clean and neat condition, the Contractor shall be called back to correct the condition and shall receive no additional compensation for that call back.

https://www.sbcounty.gov/uploads/DPW/docs/General-Permit-Conditions-and-Trench-Specifications-September-1-2019.pdf https://www.sbcounty.gov/uploads/DPW/docs/General-Permit-Conditions-and-Trench-Specifications-September-1-2019.pdf

Request for Proposal Professional Subsurface Utility

Locating Services

8. TRAFFIC CONTROL

The Contractor shall confine potholes to the City of Chino, City of Ontario, and/or public right-of-way, unless directed otherwise by the District. The District will obtain the permission of the property owner for any potholing located outside of the public right-of-way at no cost to the Contractor. The Contractor shall provide traffic control in accordance with the requirements of the current California Manual on Uniform Traffic Control Devices (MUTCD), Caltrans Traffic Control Standards, and any approved traffic control plan. The Contractor shall be responsible for all traffic controls, including lane closures.

All traffic control costs shall be included in the unit cost per pothole, which includes temporary traffic control costs, plans and plan review costs, and permits (if necessary).

Prior to applying for a road closure permit from another agency, the Contractor shall notify the District of the need for a road closure. All incidental costs incurred by the Contractor shall be considered as included in the various items of work, and no compensation will be allowed therefor.

9. NOTIFICATION

In the event of a problem or potential problem that could affect the ability to locate the requested utilities, the Contractor shall notify the District immediately by telephone. Contact Christina de Leon-Collado at (909) 387-8256 or Eloy Ruvalcaba at (909) 387-7965.

10. CITY PERMITS

Prior to commencement of the project, Contractor shall obtain a permit for all locations that is within the City maintained road from the City of Chino or City of Ontario. All work shall comply with the issued permit. The Contractor will be responsible for all applicable permit fees.

11. OTHER AGENCY PERMITS

Prior to commencement of the project, Contractor shall obtain any permits or licenses required to perform services within the jurisdiction of the other agencies. The Contractor shall be responsible for all costs associated with obtaining the proper licenses from other agencies.

Unless otherwise directed by the District, for work within the right-of-way of other agencies (cities, counties, state, railroad property, State Department of Water Resources, etc.), it shall be the responsibility of the Contractor to obtain an encroachment permit and pay all fees required by that respective agency for the work done within the right of way of that agency prior to commencing any work. All work within issuing agency jurisdiction shall comply with that agency’s issued permit.

12. HIGH RISK FACILITIES

Contractor shall notify any “high risk” utility purveyor, prior to potholing, to be on site during potholing of high-risk utilities. The Contractor shall implement any necessary potholing and safety precautions as required by high-risk utility purveyor. “High Risk Facilities” are utilities defined as, including but not limited to, petroleum products, oxygen, chlorine, toxic or flammable gases, high pressure natural gas lines or underground electrical supply lines, conductors or cables that have a potential to ground of more than 300 volts, either directly buried or in duct or conduit, which do not have concentric ground or other effectively grounded metal shields or sheaths.

13. CONTAMINATED MATERIALS

In the event Contractor encounters suspected contaminated materials while performing his/her work, Contractor shall immediately cease work and immediately notify District or on-site engineer/inspector. District or on-site engineer/inspector will determine the next course of action.

Any stockpiled contaminated soil must be protected from encountering storm water or becoming suspended in the air.

Request for Proposal Professional Subsurface Utility

Locating Services

Contractor shall prevent any water that contains soil in suspension or water that contains any other contaminant from entering local drainage systems.

14. DELIVERABLES

Pothole Report – Contractor shall provide a written report stating the date of work assignment and giving the exact location of each such work assignment site. The report shall contain detailed findings for every pothole, including but not limited to photos of each pothole before, during and after potholing, a description of the type, size, and depth of the utility facility, and, if present, the thickness of pavement in inches. Distances to fixed objects such as sidewalks, fence posts, etc.

must also be referenced. Each pothole site shall be identified by a number at the site and referenced in the report.

Ground Penetrating Radar (GPR) AutoCAD drawing – Contractor shall provide a GPR AutoCAD drawing of all utility facilities and their laterals crossing the alignment depicting the material type, size, and elevations.

C. ADDITIONAL REQUIREMENTS

Warranties, licensing, maintenance, change orders and modifications, extension or renewal, correction of performance deficiencies.

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 A - Purpose.

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

4. 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.

5. 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.

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

Request for Proposal Professional Subsurface Utility

Locating Services

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.

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

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

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

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

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

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 District the entity number assigned to it by the Secretary of State.

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

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

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. Have a valid Class A, C12, or C34 contractor’s license issued by the California State License Board in the Contractor’s own name. Contractor’s must maintain the license during the entire term of the resulting agreement and any time work is being

Request for Proposal Professional Subsurface Utility

Locating Services performed pursuant to a contract with the District. If work involves saw-cutting, Contractor or the subcontractor must hold a valid and active State of California General Engineering Contractor’s Class A License.

Have at least three (3) years’ experience providing this type of service. Be registered with the Department of Industrial Relations as required by S.B. 854 (Chapter 28, Statutes of 2014) to work on public works contracts (as defined under the Labor Code).

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 Contractor must be registered with the Department of Industrial Relations (DIR) at the time Consultant submits a Proposal. Include Contractor’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. 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.

8. Proposal Description

The Proposal should include the following:

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

b. A detailed statement of the proposed Services.

c. An explanation of any assumptions or constraints.

9. Work Plan and Schedule

Include the following:

a. Summary of management/work plan for this Project.

b. Project schedule

10. Certification Regarding Debarment or Suspension

Complete Attachment D.

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

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

13. Former County Officials Complete Attachment G

14. Exceptions to RFP Complete Attachment H.

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

Request for Proposal Professional Subsurface Utility

Locating Services

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

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

19. Federal Contracting Provisions Complete the Anti-Lobbying Certification in Attachment L.

VII. EVALUATION

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

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

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

A. QUALIFICATIONS AND EXPERIENCE

Weight: 35% Considerations:

• Proposer background and reputation

• Qualifications of the project team

• Experience with local approval agencies

• Experience with publicly bid projects

• Experience with similar services and entities

B. TECHNICAL REVIEW

Weight: 50% Considerations:

• Statement of understanding of the District’s needs

• Technical specifications and functionality

• Quality control

• Risk management

C. REFERENCES

Weight: 15% Considerations:

• Demonstrated knowledge and expertise

• Quality of interactions

• Likelihood of continued use

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D. EVALUATION CRITERIA

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

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

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

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

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

Once all scorings are finalized and documented, the Facilitator will create a final qualifications evaluation scoring worksheet and rank the proposals first, second, third, etc.Following the qualifications evaluation and ranking of the proposals, the Facilitator will open all fee proposals. The ranking of the proposals will not be altered once the fee proposals have been opened. However, the fee proposals will be used during negotiations with the selected Proposer(s).

VIII. NEGOTIATIONS AND NOTICE OF INTENT TO AWARD

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

A. Contract Negotiation

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

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

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

B. Failure to Negotiate

If the selected Proposer:

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

2. Fails to negotiate in good faith; or

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

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

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

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Locating Services

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

D. RESERVED

E. Award

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

IX. APPEAL AND AWARD

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

1. Is submitted in writing.

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

A Protest can only be brought on the following grounds:

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

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

3. Violation of State or Federal law.

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

Stephenie Shea, Acting Director of Purchasing

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, Request for Proposal Professional Subsurface Utility

Locating Services 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.