PWG125-LANDD-5801_RFP for Construction Materials Services 2025~1.pdf

Rev. 1/2025 - Pro. Services

Request for Proposal No.

PWG125-LANDD-5801

Construction Materials Inspection and Testing Services

San Bernardino County Department of Public Works &

San Bernardino County Flood Control District

825 E. Third Street San Bernardino, CA 92415-0835

Release Date: November 19, 2025 Due Date: January 9, 2026

San Bernardino County Flood Control District

Request for Proposal Construction Materials

Inspection and Testing Services

No. PWG125-LANDD-5801

I. INTRODUCTION

A. Purpose San Bernardino County (“County”), through its Department of Public Works (“Department”), and the San Bernardino Flood Control District (“District”), hereafter collectively referred to as “County,” are seeking Proposals from interested and qualified Proposers to provide on-call construction materials inspection and testing services for various transportation and flood control projects. As a result of this Request for Proposal (“RFP”) process, it is the County’s intent that the governing bodies of the County and District may enter into separate on-call contracts with approximately five (5) on-call consultants to provide the services. It is important to emphasize that because the resulting contracts are for on-call services, the resulting contracts will not guarantee any minimum amount of work, or any work at all.

Prior to assigning work, the County will send a task request to all consultants on the appropriate on-call list, requesting the following information: (1) brief statement of experience in performing services for the scope of work for which services are requested, (2) proposal by consultants as to how consultants will meet the County’s needs on an individual project, including the number of hours required by members of the consultants’ team to meet the County’s need, and (3) current as well as anticipated contracts with the County, any other agencies or clients, that could negatively impact the Proposer’s performance of the services requested by the County. Based on the information provided on the response to the task request, the County will assign work to the most qualified on-call consultant that best meets the County’s needs for that specific scope of work. Such work shall be assigned and paid for in accordance with the Rate Sheet schedule that will become a part of the on-call contract. Proposers are required to provide one or more pages of the Rate Sheet provided in Attachment E in a separately sealed envelope with their Proposal to this RFP.

The County reserves the right to skip or drop a consultant from the on-call list if they perform poorly on a project issued to them under a resulting contract, pursuant to the terms of Section X.A.34, “Termination for Convenience”. The on-call contracts shall include a schedule of fees that will be valid for the contract term. Actual payment for future projects will be on a time-and-materials basis according to the project’s construction schedule and the rate schedule submitted by the consultant.

The creation of the on-call list does not limit the County’s right to procure consultant services on any individual project in a different manner (e.g., the County may issue a separate RFP for consultant services on an individual project). In such case, any Proposer that is selected for the solicitation in this RFP can also submit a proposal in response to a separate RFP for consultant services on an individual project.

B. RFP Contact All correspondence regarding submission of the Proposal must be submitted to the person identified below (RFP Contact):

San Bernardino County Department of Public Works Attn: Marissa Tellez 825 E. Third Street San Bernardino, CA 92415

(909) 387-7920 Phone

(909) 387-9074 Fax marissa.tellez@dpw.sbcounty.gov Email

Questions relating to the Proposal must be submitted via the County Electronic Procurement Network (ePro) https://epro.sbcounty.gov/bso.

San Bernardino County Flood Control District

Request for Proposal Construction Materials

Inspection and Testing Services

Proposals will not be accepted by email or facsimile. Proposals must be submitted electronically through the County Electronic Procurement Network (ePro), and via (Paper) with three (3) hard copies with original/electronic signature and one (1) digital copy in Universal Serial Bus (USB) drive submitted to the above address. All Proposers must register with the ePro system prior to the date and time to submit the proposal or they will be disqualified.

Proposer shall not include or upload on ePro Attachment E, “Fee Proposal Sheet(s),” as part of Proposer’s initial proposal, but instead shall mail or submit in person Attachment E, in a separate sealed envelope labeled “Fee Proposal Sheet” with the RFP Number and Title and the name of the Proposer clearly marked on the outside, to the address stated in Section 1, Paragraph B. The proposal and Attachment E must be received (in separate envelopes) on or before the Deadline for Proposals in the manner described in Section 1, Paragraph B. Failure to comply with this requirement shall disqualify the Proposer.

C. Reserved

D. Contract Term Services to be provided under this Request for Proposals (RFP) are outlined under Section V, Scope of Work. The Contract period will be for a maximum of five (5) years beginning on March 1, 2026 and ending on February 28, 2031.

E. Location of Services Location(s) where Services are to be provided, completed and managed will vary for each future project within the San Bernardino County.

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

F. Assistance to Proposers with a Disability

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

II. PROPOSAL TIMELINE

Release of RFP November 19, 2025

Non-mandatory Proposal Conference December 10, 2025 at 10:00 AM

Deadline for Submission of Questions December 12, 2025 at 4:00 PM

Deadline for Proposals January 9, 2026 at 4:00 PM

Date for Tentative Contract Award February 2026

Proposal Conference:

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

10:00 a.m. December 10, 2025

Attendance at the conference is non-mandatory.

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.

San Bernardino County Flood Control District

Request for Proposal Construction Materials

Inspection and Testing Services

III. DEFINITIONS

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

AASHTO: American Association of State Highway and Transportation Officials.

AASHTO Resource: Part of the Engineering and Technical Services division of AASHTO, previously AASHTO Materials Reference Laboratory.

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

AWS: American Welding Society.

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

CALTRANS: California State Department of Transportation.

Construction Materials Inspection and Testing Services: Testing and construction observation for quality assurance and conformance to provided specifications of soil, aggregate, sand, asphalt concrete, portland cement concrete, masonry blocks, reinforcing steel bars, structural steel, structural fasteners, and similar construction materials.

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

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

County: As used herein, “County” shall refer to both San Bernardino County and San Bernardino County Flood Control 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 County. The RFP specifies the evaluation factors to be used and contains or incorporates by reference contractual terms and conditions applicable to the procurement.

Services: The requested professional services described in this RFP.

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

Working Day: Calendar Days, except for Saturday, Sunday and County recognized Holidays.

San Bernardino County Flood Control District

Request for Proposal Construction Materials

Inspection and Testing Services

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. 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.

D. Incurred Costs

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

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

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

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

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

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

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

San Bernardino County Flood Control District

Request for Proposal Construction Materials

Inspection and Testing 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 County to be immaterial or inconsequential, the County may choose to accept the Proposal.

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

1. Do not affect responsiveness;

2. Are merely a matter of form or format;

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

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

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

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

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

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

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

H. Reserved

I. Clarification of Offers

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

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

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

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

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

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

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

San Bernardino County Flood Control District

Request for Proposal Construction Materials

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

K. Employment of Former County Officials Information must be provided in Attachment G regarding former County Administrative Officials (as defined below) who are employed by or represent Proposer. The information provided must include a list of former County Administrative Officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of Proposer and should also include the employment and/or representative capacity and the dates these individuals began employment with or representation of Proposer. For purposes of this section, “County Administrative Official” is defined as a member of the Board of Supervisors or such member’s staff, Chief Executive Officer or member of such officer’s staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.

Failure to provide this information may result in the Proposal being deemed non-responsive.

L. Iran Contracting Act of 2010 In accordance with Public Contract Code section 2204(a), the Proposer certifies that at the time the Proposal is submitted, the Proposer signing the Proposal is not identified on a list created pursuant to subdivision (b) of Public Contract Code section 2203 (https://www.dgs.ca.gov/PD/Resources/Page- Content/Procurement-Division-Resources-List-Folder/List-of-Ineligible-Businesses) as a person (as defined in Public Contract Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code section 2202.5, or as a person described in subdivision (b) of Public Contract Code section 2202.5, as applicable.

Proposers are cautioned that making a false certification may subject the Proposer to civil penalties, termination of an existing contract, and ineligibility to bid on a contract for a period of three (3) years in accordance with Public Contract Code section 2205. Proposer agrees that signing the Proposal shall constitute signature of this Certification.

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

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

San Bernardino County Flood Control District

Request for Proposal Construction Materials

Inspection and Testing Services

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

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

N. Debarment and Suspension; California Secretary of State Business Entity Registration Proposer certifies in Attachment D that neither it nor its principals or subconsultants 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 subconsultants listed in the Proposal are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.

O. Unsatisfactory Performance

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

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

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

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

V. SCOPE OF WORK

A. BACKGROUND INFORMATION

San Bernardino County and the San Bernardino County Flood Control District are responsible for providing construction management services on the County’s and District’s transportation and flood control projects, including performing field and laboratory testing along with observation of grading and all other phases of construction. During the peak workload periods, the capacity of staff is often exceeded, and as such, assistance is necessary to avoid unnecessary delays in project delivery and ensure that projects are delivered in accordance with contract requirements.

B. PROJECT DESCRIPTION

Provide Construction Material Inspection and Testing Services on various future public works and flood control projects, under the direction and guidance of the County’s assigned Resident Engineer or designee.

Testing requirements and protocols will generally conform to procedures established by CALTRANS, AASHTO, or ASTM. The work will vary for each assigned project and may include, but not limited to, the following:

San Bernardino County Flood Control District

Request for Proposal Construction Materials

Inspection and Testing Services

a. Soils and Aggregate Base Materials

i. Observation of compaction, processing and grading

ii. Sampling of materials from field and source locations

iii. Field and laboratory testing of soils and aggregate base

b. Hot Mix Asphalt

i. Observation of batching, mixing, placement and compaction

ii. Sampling of materials from field and source locations

iii. Field and laboratory testing of new and recycled aggregate, binder materials

c. Portland Cement Concrete

i. Observation of batching, mixing, placement and consolidation

iii. Field and laboratory testing of aggregate, cement and admixture materials

d. Steel (and other materials)

i. Observation of preparation, processing and welding

iii. Field and laboratory testing of materials and welds

Generate and maintain records of all necessary construction materials testing work in accordance with the requirements provided for each assigned project. In general, all test results will be submitted to the County electronically within 3 working days of sampling. Submission of individual test results will include summary of test results previously provided by the consultant for the project. Test results not submitted in accordance with the agreed upon schedule will be subject to a 20% deduction in contract price per test delivered late.

C. ADDITIONAL REQUIREMENTS

1. All work related to Construction Material Inspection and Testing Services will be supervised and reviewed by a Civil Engineer Registered with the State of California.

2. All Consultants must maintain active certification and accreditation by applicable agencies valid at the time of submission of the qualifications package and throughout the term of the contract for Construction Material Inspection and Testing Services.

3. All Consultants must maintain active participation in appropriate sample proficiency programs for proposed scopes of work.

4. Any changes in status regarding the above requirements will be communicated to the Resident

Engineer within 10 working days of the change. County reserves the right to re-assign any work related to the scope of a loss of certification.

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

San Bernardino County Flood Control District

Request for Proposal Construction Materials

Inspection and Testing Services 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. Paper responses (hard copies) must be submitted in addition to electronic submission, by mail or in person to the RFP Contact and will be time/date stamped when received. Proposals can be withdrawn at any time prior to the scheduled Deadline for Proposals.

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

5. Proposer shall not include or upload on ePro Attachment E, “Fee Proposal Sheet(s),” as part of Proposer’s initial proposal, but instead shall mail or submit in person Attachment E, in a separate sealed envelope labeled “Fee Proposal Sheet” with the RFP Number and Title and the name of the Proposer clearly marked on the outside, to the address stated in Section 1, Paragraph B. The proposal and Attachment E must be received (in separate envelopes) on or before the Deadline for Proposals in the manner described in Section 1, Paragraph B. Failure to comply with this requirement shall disqualify the Proposer.

6. 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.

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

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

1. Presentation

Format the Proposal to fit on an 8-½” x 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. 11” x 17” size papers can be included, but if providing hard copies, please fold it to fit in the 8½” x 11” package.

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.

San Bernardino County Flood Control District

Request for Proposal Construction Materials

Inspection and Testing Services

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 County to pursue any remedy by law.

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

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

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

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.

5. Statement of Experience and Qualifications

Include the following in this section of the Proposal:

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

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

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

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

6. Licenses, Permits, and/or Certifications

Provide copies of all licenses, permits and/or certifications in Attachment C as required under Section X. TERMS AND CONDITIONS Paragraph A, 21:

• California Registered Civil Engineer

• CALTRANS Laboratory Accreditation

• AASHTO Laboratory Accreditation

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

7. Financials

Proposer must be ready to provide an Annual Report for the previous two years if asked. Proposer must also include independently audited financial statements for the most recent completed fiscal year. If audited financial statements are not available, please provide un-audited financial statements along with a certification from the Proposer’s accountant that the information accurately reflects the Proposer’s current financial status. If the Proposer is a sole proprietorship, please provide Schedule C of the Internal Revenue Service forms as well as a certification from the owner and the accountant that the information accurately reflects the Proposer’s current financial status.

San Bernardino County Flood Control District

Request for Proposal Construction Materials

Inspection and Testing Services

8. Project Team Organization Chart

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

a. Organizational framework for the proposed project team.

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

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

9. Proposal Description The Proposal should include the following:

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

b. A detailed statement of the proposed Services.

c. An explanation of any assumptions or constraints.

10. Reserved

11. Certification Regarding Debarment or Suspension

Complete Attachment D.

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

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

14. Former County Officials Complete Attachment G

15. Exceptions to RFP No exceptions will be allowed.

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

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

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

VII. EVALUATION

Proposals will be subject to an Initial Review to confirm responsiveness, by determining whether each Proposal includes the stipulated content, required certifications or licensing, etc., and is presented in the

San Bernardino County Flood Control District

Request for Proposal Construction Materials

Inspection and Testing Services required format, in order for the Proposal to advance for evaluation. Any reasonable person reviewing for responsiveness must be able to ascertain that the Proposal meets these requirements.

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

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

A. QUALIFICATIONS AND EXPERIENCE

Weight: 40% Considerations:

• Proposer background and reputation

• Qualifications of the project team

• Experience with local approval agencies

• Experience with similar services and entities

B. TECHNICAL REVIEW

Weight: 40% Considerations:

• Statement of understanding of the County’s needs

• In-house technical expertise

• Quality control

• Adequacy of support staff and subconsultants

D. REFERENCES

Weight: 20% Considerations:

• Satisfactory performance of similar work

• Work product

• Likelihood of continued use

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

The County will establish an evaluation panel with responsibility for reviewing all Proposals and conducting the qualifications evaluation. A Facilitator will manage the integrity of the qualifications evaluation process and will not be a voting member of the evaluation panel. An initial meeting will be scheduled and held with the evaluation panel members, wherein the Facilitator will distribute all relevant documents to the evaluators including the RFP, evaluation worksheets for each Proposal, and written 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 strike out the original score, 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.

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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 collect individual evaluation worksheets to 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 County may require the potential Proposer(s) selected to participate in negotiations. This may include cost, technical, or other clarifications needed to make a decision.

A. Contract Negotiation

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

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

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

B. Failure to Negotiate

If the selected Proposer:

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

2. Fails to negotiate in good faith; or

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

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

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

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

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

D. Review of Financial Performance

As indicated in Section VII, Section B, financial information may be used to evaluate and select the Proposal(s) deemed to be in the County’s best interest. Alternatively, at the County’s sole discretion, the financial performance of the intended Consultant may be assessed prior to Contract award. Financial performance deemed unsatisfactory by the County may result in non-award or a recommendation for award to another Proposer(s).

E. Award

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

IX. APPEAL AND AWARD

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In the event a dispute arises concerning the Proposal process prior to the award of the Contract, the Proposer(s) raising the dispute shall submit a request for resolution in writing to the Purchasing Agent.

Proposer(s) may appeal the recommended award or denial of award (Protest), provided the Protest:

1. Is submitted in writing.

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

A Protest can only be brought on the following grounds:

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

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

3. Violation of State or Federal law.

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

Pete Mendoza, Director

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

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

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

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

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

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

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

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

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

If any of the grounds are determined to be valid, the Panel will also decide if the valid portion of the Protest has so tainted the RFP process that it is unfair to the Proposer or whether the valid grounds for the Protest

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Inspection and Testing Services are in the nature of harmless error and that the RFP process was fair to the Proposer. The Panel will not re-evaluate the Proposals.

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

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

X. TERMS AND CONDITIONS

The selected Proposer(s) will be required to enter into a formal Contract with the County. This RFP sets forth some of the general provisions which will be included in the final Contract. In submitting a response to this RFP, Proposer(s) will be deemed to have agreed to each clause. No exceptions to the terms and conditions will be allowed to this RFP.

A. General

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

2. Contract Exclusivity

This is not an exclusive Contract. The County reserves the right to enter into a Contract with other Consultants for the same or similar Services. The County does not guarantee or represent that the Consultant will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract.

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

4. Background Checks for Consultant Personnel Consultant shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform Services; (b) do not use legal or illegal substances in any manner which will impact their ability to provide services to the County; and (c) are not otherwise disqualified from performing the Services under applicable law. If requested by the County and not in violation of applicable law, Consultant shall conduct a background check, at Consultant’s sole expense, on all its personnel providing Services. If requested by the County, Consultant shall provide the results of the background check of each individual to the County. Such background check shall be in the form generally used by Consultant in its initial hiring of employees or contracting for consultants or, as

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Inspection and Testing Services applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding 12-month period. Consultant personnel who do not meet the County’s hiring criteria, in County’s sole discretion, shall not be assigned to work on County property or Services, and County shall have the right, at its sole option, to refuse access to any Contract personnel to any County facility.

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

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

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

County shall have the right to require Consultant’s employees, agents, representatives and subconsultants to exhibit…