RFP_On-Call_Construction_Support_Services_CMID_FINAL.pdf

Community Services Agency Community Development Department

Request for Proposals

On-Call Construction Support Services

RFP publish date: DECEMBER 17, 2024

Table of Contents 1 Introduction

1.1 Purpose of RFP

1.2 Background

1.3 Scope of work [or Scope of services] (Attachment 1)

2 General Rules

2.1 RFP overview

2.2 Estimated timeline and extension of time [edit as appropriate]

2.3 Proposal format and content (Attachment 2)

2.4 Proposal submission

2.5 Questions and communication

2.6 Addenda

2.7 County’s right to withdraw, cancel, suspend and/or modify RFP

2.8 Proposer’s right to edit or cancel proposal

2.9 Proposals will not be returned

2.10 Public disclosure of proposal documents

2.11 Proposer’s costs

2.12 Proposer’s ideas

2.13 Collusion

2.14 Conflict of interest

2.15 Dispute and Protest Process

3 Evaluation and Selection

3.1 Proposal evaluation and recommendation for selection

3.2 Evaluation of responsiveness

3.3 Evaluation of responsibility

3.4 Evaluation panel and evaluation criteria

3.5 Interviews [optional, delete if not applicable]

3.6 Execution of contract

4 Attachments

Attachment 1 – Scope of work

Attachment 2 – Proposal format and content

Attachment 3 – County of Sacramento Standard Consulting Agreement

Attachment 4 – Written Agreement to Indemnify for Release of Proprietary Information

Attachment 5 – Frequently Asked Questions

Attachment 6 – Overview of Job Descriptions

Attachment 7 – Exhibit 10-1 Notice to Propopers DBE Information

Attachment 8 – Exhibit 10-01 Consultant Proposal DBE Commitment

Attachment 9 – Exhibit 10-02 Consultant Contract DBE Commitment

1 Introduction

1.1 Purpose of RFP

The County of Sacramento (County), is soliciting proposals for construction support services consisting of construction management, inspection, and quality assurance services to augment and supplement County staff performing similar functions. The County intends to award at least two (2) and up to four (4) contracts, with at least two (2) contracts being specific to all Department of Transportation (DOT) projects and the other contract(s) applying to all other work. The estimated contract term is three years with two additional one-year optional terms. The cumulative term of the agreement may not exceed a total of five (5) years. The total estimated amount of all contract work is not to exceed $25,000,000.

1.2 Background

The Construction Management and Inspection Division (CMID) of the Community Development Department provides construction management and inspection services to Sacramento County’s Departments of Transportation (DOT), Water Resources (DWR), Airports (SCDA), General Services (DGS), Waste Management & Recycling (DWMR), Reginal Parks (Parks), as well as the Sacramento County Water Agency (SCWA), Sacramento Area Flood Control Agency (SAFCA), and the Sacramento Area Sewer District (SacSewer). Services provided by CMID include construction management/ administration, construction inspection, offsite source and equipment testing, material testing, progress monitoring, documentation control, change order analysis and negotiations, schedule analysis, contract enforcement, labor compliance, and other related activities. Some of these services are provided on federally funded projects (i.e., roads, bridges, runways, aprons). It is anticipated during the next three to five years, beginning in Fall 2025, that CMID will require the services of consulting organizations to supplement CMID’s staff to: 1) meet fluctuations in its workload, 2) provide expertise that CMID lacks, 3) provide analysis and advice on complex contract administration issues and 4) provide staff training on Local Assistance Projects.

CMID’s workload, project schedules, and project complexity will determine the extent of support services needed and when they are required. A portion of CMID’s projected transportation work involves DOT’s Bridge Replacement Program (BR Program), thus consultants responding to this RFP should have experience providing construction management and inspection services on bridge projects. This BR Program involves the replacement of approximately 3 bridges in the rural parts of Sacramento County. It is preferred but not required that firms have experience providing services on transportation projects that involve Federal funding and are familiar with Caltrans Local Assistance Program (LAP) and its related Processes for Engineering Consultants, Procedures and Documentation Requirements including familiarity and compliance per the AASHTO Audit Guide as they relate to A&E consultant contracts of $1M or more, as well as the County and State Standard Specifications. More information on LAP requirements can be found at California Department of Transportation Local Programs, Chapter 10 Consultant Selection (https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/lapm/ch10.pdf). Firms hired for DOT projects will be required to prepare and submit individual proposals for each DOT project where CMID desires to utilize consultant services. CMID will review proposals and make a selection for each project prior to issuing a task order and authorizing a 10-H for each project.

CMID also provides construction support services to many Department of Airports’ projects including concrete and asphalt runways, rehabilitation of aprons and taxiways, as well as electrical services used specifically for runway lighting. Consultants responding to this RFP should have experience providing construction management and inspection services on Federal Aviation Administration (FAA) projects particularly the process of inspecting runway construction and be familiar with the procedures and documentation requirements for the management of FAA related projects.

Projects from this Department may also require various types of expertise, such as building inspectors familiar with the local building codes, knowledge of Department of Airports’ standards, and special inspection certifications for construction of structures (parking garages, terminals, concourses, etc.).

CMID may require use of consultant services to support projects from other County Departments and local agencies with which CMID has service agreements as referenced at the start of this RFP. This currently includes County’s DWMR, DWR, DGS, and Parks, and SCWA, SAFCA, and SacSewer.

Additional departments requiring construction support services may be identified, as necessary. Projects from these other Departments and agencies may require various types of expertise, knowledge, and certifications, such as building inspectors familiar with the local building codes, knowledge of specific Department/Agency standards, and special inspection certifications such as structural welding, structural steel & bolting, & reinforced concrete.

https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/lapm/ch10.pdf https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/lapm/ch10.pdf

Finally, Consultants responding to this RFP should possess a broad understanding of construction management practices and how these practices translate to the various County Departments and Agencies that CMID represents.

1.3 Scope of services (Attachment 1)

The scope of services is included in Attachment 1.

2 General Rules

2.1 RFP overview

This Request for Proposals (“RFP”) is an invitation for proposers to submit a proposal to the County. This RFP does not commit the County to award a contract to any proposer. Submission of a proposal shall neither obligate nor entitle a proposer to enter into a contract with the County.

2.2 Estimated timeline and extension of time

Please refer to the OpenGov Procurement project page for information on timelines.

These dates are subject to revision or cancellation by the County in its sole and absolute discretion.

2.3 Proposal format and content (Attachment 2)

When submitting a proposal, the proposer must follow the format and contents detailed in Attachment 2. Failure to do so will likely prolong the evaluation process and could result in a proposal not being considered.

2.4 Proposal submission

Proposals must be received by the submission deadline in OpenGov Procurement via the solicitation link at:

https://procurement.opengov.com/portal/saccounty/projects/129025

Failure to submit a proposal on time may be grounds for rejection of the proposal; however, the County reserves the right, in its sole and absolute discretion, to accept proposals after the proposal due date.

2.5 Questions and communication

https://procurement.opengov.com/portal/saccounty/projects/129025

Questions concerning this RFP must be submitted to this solicitation’s Question & Answer page in OpenGov Procurement. Answers to “Frequently Asked Questions” are included in Attachment 5.

Questions received via phone or e-mail to direct points of contact for this RFP will not be considered nor responded to. The County shall respond to questions properly submitted as described above via addenda.

2.6 Addenda

The County reserves the right to modify the RFP at any time prior to the proposal due date. The County will modify the RFP only by formal written addenda. Proposer’s proposal should be based on this RFP document and any formal written addenda. Proposers should not rely on oral statements.

Addenda will be posted in OpenGov Procurement. It is the responsibility of each prospective proposer to assure receipt of all addenda.

2.7 County’s right to withdraw, cancel, suspend and/or modify RFP

The County reserves the right to withdraw, cancel, suspend, and/or modify this RFP for any reason and at any time with no liability to any prospective proposer for any costs or expenses incurred in connection with the RFP or otherwise.

2.8 Proposer’s right to edit or cancel proposal

Proposers may edit or cancel their proposal in OpenGov Procurement prior to the due date.

2.9 Proposals will not be returned

Upon submission, proposals will not be returned.

2.10 Public disclosure of proposal documents

The County will treat all information submitted in a proposal as available for public inspection once negotiations with the selected party have been completed. If copies of proposals are included with Board materials, the County will make proposals available for public inspection once staff has made a recommendation for award.

If a proposer believes protected data is included in its proposal, the proposer shall clearly identify the data and provide the legal basis in support of the asserted classification. Proposer must present such information separately as part of its proposal OR type in bold red letters the term “CONFIDENTIAL” on that specific part or page of the Proposal which proposer believes to be confidential. Classification of data as trade secret data will be determined pursuant to applicable law, and, accordingly, merely labeling data as “trade secret” does not necessarily make the data protected as such under any applicable law.

In order for the County to assert the confidentiality of any such information in the event a Public Record Act request is received, the proposer must request, execute and submit a County-prepared written agreement to defend and indemnify the County for any liability, costs and expenses incurred in asserting such confidentiality as part of the proposal.

The final determination of whether the County will assert a proposer’s claim of confidentiality shall be at the sole discretion of the County. Any information determined to be non-confidential shall be considered public record. If the County determines that your information does not meet the criteria for confidentiality, you will be notified of the County’s intent to release the public record pursuant to any Public Records Act request.

The proposer agrees, as a condition of submitting its proposal, that the County will not, as between the parties, be liable or accountable for any loss or damage, which may result from a breach of confidentiality related to the proposal. The proposer agrees to indemnify and hold the County, its officials, agents, and employees harmless from all claims arising out of, resulting from, or in any manner attributable to any violation of any provision of the California Public Records Act, including legal fees and disbursements paid or incurred to enforce this provision.

2.11 Proposer’s costs

The County shall not be responsible for any costs incurred by proposer in connection with this RFP. Proposer shall bear all costs associated with proposal preparation, submission, and attendance at interviews, or any other activity associated with this RFP or otherwise.

2.12 Proposer’s ideas

To the extent permitted by law, the County reserves the right to use any or all ideas, concepts, or other information provided in any proposals. Selection or rejection of the Proposal does not affect this right.

2.13 Collusion

If the County determines that collusion has occurred among proposers, none of the proposals of the participants involved in the collusion shall be considered. The County’s determination shall be final.

2.14 Conflict of interest

The proposer affirms that to the best of its knowledge the submission of its Proposal, or any resulting contract, does not present an actual or perceived conflict of interest. The proposer agrees that should any actual or perceived conflict of interest become known, it will immediately notify the County and will advise whether it will or will not avoid, mitigate, or neutralize the conflict of interest.

The County may make reasonable efforts to avoid, mitigate, or neutralize a conflict of interest by a proposer. To avoid a conflict of interest by a proposer, the County may utilize methods including disqualifying a proposer from eligibility for a contract award or cancelling the contract if the conflict is discovered after a contract has been issued. The County may, at its sole and absolute discretion, waive any conflict of interest.

2.15 Dispute and Protest Process

If a proposer desires to protest the selection decision, the proposer must submit, by USPS mail, a written protest within ten (10) business days of the date on the County’s Notice of Intent to Award. The written protest should be submitted as outlined below. Protests received after the deadline will not be accepted. Protests must be in writing, must include the name and address of the proposer, identify the RFP service requested, and must state all the specific grounds for the protest. A protest that merely addresses a single aspect of the selected proposal (for example, comparing the cost of the selected proposal in relation to the non-selected proposal) is not sufficient to support a protest. A successful protest will include sufficient evidence and analysis to support a conclusion that the selected proposal, taken as a whole, is an inferior proposal.

The County will respond to a protest following review with the Office of the County Counsel. A memo written by the Office of the County Counsel may be included in materials submitted to the Board of Supervisors for consideration of the award of the contract. The decision of the County will be final. The protest letter must be addressed as follows:

Department of General Services, Attn: Jonathan Martinez, 9660 Ecology

Lane, Sacramento, CA 95827

3 Evaluation and Selection

3.1 Proposal evaluation and recommendation for selection

The County reserves the following rights, to be exercised in the County’s sole and absolute discretion: 1) to determine whether any aspect of a proposal satisfactorily meets the criteria established in this RFP; 2) to seek clarification or additional information from any proposer; 3) to negotiate, sequentially or simultaneously, pricing and/or terms with any proposer or vendor; 4) to reject any or all proposals with or without cause; 5) to waive any irregularities or informalities in a proposal; 6) to cancel or amend by addenda this RFP, in part or entirely; and 7) to award multiple contracts to proposers.

Evaluation of proposals by a selection committee, evaluation panel, County staff, a technical advisory committee, or by another group, individual or entity is advisory only. The County of Sacramento Board of Supervisors or its designee may consider or reject such evaluation(s) for any or all proposals. Such evaluations are for the sole benefit of the County of Sacramento Board of Supervisors or its designee, and as such, they are not binding upon the County, nor may they be relied upon in any way by a proposer.

3.2 Evaluation of responsiveness

The County will consider all the material submitted by the proposer to determine whether the proposer’s offer is in compliance with the terms and conditions set forth in this RFP. Proposals that do not comply with the provisions in this RFP may be considered nonresponsive and may be rejected.

3.3 Evaluation of responsibility

To determine whether a proposer is responsible, the County will consider the proposer’s general qualifications to perform the requested services in a satisfactory manner; financial responsibility; integrity; skill; past performance; and ability. Proposals from proposers considered non-responsible will be rejected.

3.4 Evaluation panel and evaluation criteria

After review of each responsive proposal, the County may award a contract to a successful proposer based on the evaluation criteria, or it may establish a short list of proposers for further consideration. The short list of proposers may be asked to provide additional information. The short list of proposers may also be asked to attend an in-person or telephone interview/presentation, as determined by the County in its sole discretion.

Evaluation criteria shall include the following:

1. Prior experience in providing on-call construction management and inspection services for federally funded transportation projects.

2. Prior experience in providing on-call construction management and inspection services for Department of Airport projects.

3. Prior experience in providing on-call construction management and inspection services for various types of public works, including public utilities, buildings, and facilities.

4. Ability to provide project teams or personnel needed to augment staff to meet fluctuating needs when requested.

5. References

6. Qualifications and construction experience of proposed personnel.

7. The experience of the proposed personnel working with public agencies.

Criteria Scorea Weight Weighted

Scoresb

1. Prior experience in providing on-call construction management and inspection services for federally funded transportation projects

15%

2. Prior experience in providing on-call construction management and inspection services for Department of Airport projects (FAA and Non FAA projects)

3. Prior experience in providing on-call construction management and inspection services for various types of public works, including public utilities, buildings, and facilities.

10%

4. Ability to provide project teams or personnel needed to augment staff when requested

5. Qualifications and construction experience of proposed personnel

20%

6. References 10%

7. The experience of the proposed personnel working with public agencies

Grand Total aEach criterion will be assigned a score of 1 to 100.

bScores will be multiplied by the weights and totaled to yield the total points on the proposal.

Maximum total points are 100.

Following review of qualifications and oral interviews of the most qualified firms, a contract(s) will be negotiated with the most qualified firm(s) and submitted to the Board of Supervisors (Board) for approval. The firm(s) will be selected based on level and quality of service and experience, with particular emphasis on local/County/State code and regulations experience, personnel makeup, and ability to provide staff when requested. Upon approval by the Board of the consultant contract(s), CMID will use the contract(s) to provide personnel on an as needed basis. The selected consultant(s) may be asked to provide full project teams or augment CMID staff on projects. If the firm is asked to provide a full project team under permanent/full time County oversight, the individual in responsible charge must be a registered professional engineer in the State of California. If a full project team is requested, it is the intent to bring the construction management firm and their staff on board by about 90-percent design completion to allow time to become familiar with projects and/or perform biddability/constructability.

No consulting firm or subconsulting firm currently working on a design of a project, regardless whether the firm has a separate construction management group, is eligible to provide personnel on that same project, either as a lead firm or as a subconsultant. However, all firms are eligible to work on projects other than those for which they have provided design services. This same criterion also applies specifically to the engineer of record on a particular project. Should the engineer of record leave the firm they were with during design of a project and join a different firm, that engineer of record will not be allowed to participate in the construction management on that project.

NOTE: Do Not Submit/Provide a Cost Proposal with the RFP. Firms short listed and invited to the oral interview will be asked to provide cost proposals in a sealed envelope. Markups for Other Direct Costs (ODC’s) and Subconsultants are typically not allowed on Federally Funded Projects.

3.5 Interviews

After reviewing each responsive proposal, the County may award a contract to a successful proposer based on the evaluation criteria, or it may establish a short list of proposers for further consideration. The short list of proposers may be asked to provide additional information, or an interview/ demonstration as determined by the County in its sole discretion.

3.6 Execution of contract

The selected proposer shall execute an agreement with the County of Sacramento, using the standard consulting agreement (Attachment 3). Any requested revisions, deletions, or additions, to the language in the attached sample agreement shall be clearly set forth in the proposal for the County’s consideration.

Before a contract becomes effective between the County and any proposer, the contract must be reviewed by County Counsel and the contract award must be approved by the County Board of Supervisors or its designee. If for any reason the County Board of Supervisors or its designee does not ratify and sign the contract, then there are no binding obligations whatsoever between the County and the proposer relative to the proposed contract.

4 Attachments

Attachment 1 – Scope of work Attachment 2 – Proposal format and content Attachment 3 – County of Sacramento Standard Consulting Agreement Attachment 4 – Written Agreement to Indemnify for Release of Propriety Information Attachment 5 – Frequently Asked Questions Attachment 6 – Overview of Job Descriptions Attachment 7 – Exhibit 10-1 Notice to Proposers DBE Information Attachment 8 – Exhibit 10-01 Consultant Proposal DBE Commitment Attachment 9 - Exhibit 10-O2 Consultant Contract DBE Commitment

Attachment 1 – Scope of work

The selected consultant(s) will be responsible for the following:

Under these services, the consultant shall provide skilled technical and professional personnel to provide construction administration and inspection either as an entire project team under full-time County supervision or as augmented staff to CMID. CMID is responsible for administering contracts and will provide guidance, assistance and training on processes particular to the County of Sacramento. (e.g., progress payments, change orders, and items requiring Board action.) The menu of possible services includes any of the following tasks depicted in Part A through Part D depending on CMID’s resources/needs and whether the firm provides a project team or augments County staff.

It is anticipated the Consultant will need to provide Quality Assurance (QA) services to ensure materials used in construction meet all relevant specifications and standards. QA tasks may include, but are not limited to:

inspection, source inspection, sampling and testing concrete, soils, asphalt, pipes, reinforcing steel, welds, connections, etc. This task includes preparation of reports and collection of documentation such as certificates of compliance, mill certifications, aggregate and concrete tags, etc., as delineated in the project specifications and special provisions. Particular attention should be given to FAA and FHWA sampling and testing requirements.

Consultant contract(s) will be with CMID and consultant staff will work under the direction of CMID supervisors or managers utilizing CMID procedures.

Attachment 6 contains descriptions of County job classifications that CMID typically utilizes in managing and inspecting construction projects.

Consultant staff should have similar qualifications, skills and abilities, though at times staff may be required that possess special expertise such as schedulers, cost estimators, specialized construction inspection or design-related abilities.

Firms hired for DOT projects will be required to prepare and submit individual proposals for each DOT project where CMID desires to utilize consultant services. CMID will review proposals and make a selection for each project prior to issuing a task order and authorizing a 10-H for each project.

PART A General

1. Construction Management Plan: If a project team is requested, the Consultant shall prepare a construction management plan including at a minimum an organization chart of the overall Construction Management (CM) project team, a description of the duties and responsibilities of the construction management staff, claims avoidance strategy, anticipated level of effort and a description of the process for submitting, reviewing, and returning submittals, requests for information, and change orders.

2. Mobilize / Field Office Setup: If requested, the Consultant shall be responsible for mobilizing all necessary staff to and from the project site. The Consultant shall prepare, equip and stock the field office with any additional office equipment not covered in the construction contract documents and required for completion of the work.

Computers, networking hardware and maintenance services of computer and related equipment are provided by the County. Other office equipment is provided through the construction contract as shown in the project special provisions or specifications. The Consultant is also responsible for providing automobile transportation, mobile phones, digital cameras (including memories) for its personnel for the duration of the construction project along with other consumable supplies.

Consultant may be requested to provide software such as Autocad, P6 or other which will be reimbursed as an ODC. Commute mileage will not be reimbursed.

3. Safety Equipment: The Consultant shall be responsible for providing all necessary personnel protection equipment to its employees such as hard hats, boots, gas monitors, etc.

4. Safety Training: Consultant shall provide any necessary safety training required by its firm for its employees, visitors and County staff. CMID will provide supplemental training specific to working on County projects.

5. Weekly Progress Meetings: Appropriate Consultant staff shall attend weekly progress meetings between the Contractor, Owner staff, and the CM team throughout the construction project. Consultants providing a full CM Team shall prepare agendas and minutes/status reports for all weekly and other meetings.

6. Public Relations Support: For some projects, CMID may request Public Relations personnel/expertise or an “ombudsman” to provide continuity between construction activities and public outreach efforts. The ombudsman will anticipate upcoming public impacts, work with the Communication and Media Office on outreach strategy, and provide quick response to public concerns and complaints.

PART B Typical Construction Inspection Activities

1. Inspection Plan: If requested, the Consultant shall prepare an inspection plan containing an outline of all of the inspections that need to be made, a checklist of items to include, and the type of tests that are required (including frequency). The inspection plan should include: detailed inspection procedures; an outline of acceptance and rejection procedures; a list of all of the tests that are needed, and how often they need to be performed; designation of responsibility for calling laboratories or performing tests;

designation of who will prepare samples; and timing of inspections with the scheduled work.

2. Inspection: This task will include full or part time inspection of construction activities and includes construction staking, monitoring all construction work, preparing daily inspection reports utilizing CMID’s database and recording field events to ensure, to the extent possible, projects are constructed in accordance with plans and specification and tracking and recording on a daily basis change order work performed on a force account basis. This task also includes monitoring compliance with all environmental requirements including Stormwater Pollution Prevention Programs (SWPPP) and similar requirements.

3. Materials Testing, and Source Inspection: This task includes Quality Assurance of material used to construct Projects to confirm permanent material incorporated into the project meets project specifications. Tasks may include, but are not limited to, the inspection, source inspection, testing and sampling of concrete, soils, asphalt, pipe, reinforcing steel, welds, etc. This task includes collection of documentation such as certificates of compliance, mill certifications, etc. as delineated in the project specifications and special provisions.

4. Specialty Inspection: Some projects may require specialty inspectors. Examples include welding, structural steel, piling, and confined space. In addition to special requirements for construction inspectors as described in Attachment 6, specialty inspectors shall have a minimum of 5 years of experience and 2 verifiable projects involving similar types of inspection.

PART C Document Control

Consultant shall utilize CMID’s document management and tracking system (Project Log) for recording, storage, distribution, tracking, reporting, and retrieval of project information. Project Log is a Microsoft Access Database

(Version 2016)

PART D Typical Construction Contract Administration

1. Process Contractor Submittals: This task includes reviewing, processing and routing Contractor submittals, work plans, schedules, and safety plans, traffic control plans, etc.; processing each of submittal and providing responses to the Contractor.

2. Process Requests for Information (RFI’s): This task includes reviewing Contractor generated RFI’s, determining the adequacy of the submission, processing, routing and providing responses to the Contractor.

3. Field Instruction (FI’s): This task includes all work associated with the preparation, issuance, and document control of FI’s issued to the Contractor. Included in this task is preparing cost estimates for each FI with a cost or time impact (see item 6).

4. Schedule Review: This task includes monitoring the progress of the Contractor as it relates to its monthly published schedule and determining if the Contractor is meeting the project schedule.

5. Progress Payments: This task includes the review of monthly progress payment requests, and preparation progress pay estimates.

6. Conflict Resolution / Contract Change Orders (CCO): It is imperative the Construction Management Team works closely with CMID and Owner staff to determine if a particular occurrence or condition constitutes a Contract Change Order. Appropriate personnel will be expected to participate and assist with resolving conflicts as they arise. This task includes all work associated with the preparation of CCO’s for the construction of the project, including drafting, review, and assessment of impacts to the project schedule and the cost of each CCO. Also included is the preparation of supporting documents necessary for approval of the CCO by the Board. To the extent costs are known, Consultant shall prepare notifications to the Board for any change order item expected to exceed $50,000 and seek prior approval of the Board for all changes exceeding the Director’s signature authority.

7. Project Close-Out: This task includes the preparation and document control of all documents associated with project close-out, including:

punch lists, beneficial occupancy, substantial completion, field acceptance, record drawings, warranty inspections, etc.

In addition to the above scope of services, the following are requirements of the contracts to be awarded in response to this RFP.

DBE Information

The Agency has established a 19.0% goal for this Contract.

Financial Management System

All consultants are required to have a project/cost accounting system adequate to accumulate and track direct labor and other direct costs by contract, segregating indirect costs, and removing unallowable costs as set forth in 48 CFR Part 31. All consultants must certify that their financial management system meets the standards for financial reporting, accounting records, internal and budget control as set forth in the Federal Acquisition Regulation, 49 CFR Part 18 to the extent applicable to consultant.

1. TERMS AS USED IN THIS DOCUMENT

• The term “Disadvantaged Business Enterprise” or “DBE” means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Code of Federal Regulations (CFR), Part 26.5.

• The term “Agreement” also means “Contract.”

• Agency also means the local entity entering into this contract with the Contractor or Consultant.

• The term “Small Business” or “SB” is as defined in 49 CFR 26.65.

2. AUTHORITY AND RESPONSIBILITY

A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts financed in whole or in part with federal funds (See 49 CFR 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”). The Consultant must ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts.

B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs.

3. SUBMISSION OF DBE INFORMATION

If there is a DBE goal on the contract, Exhibit 10-O1 Consultant Proposal DBE Commitment must be included in the Request for Proposal. In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer must document adequate good faith efforts. All DBE participation will be counted towards the contract goal; therefore, all DBE participation shall be collected and reported.

Exhibit 10-O2 Consultant Contract DBE Information must be included with the Request for Proposal. Even if no DBE participation will be reported, the successful proposer must execute and return the form.

4. DBE PARTICIPATION GENERAL INFORMATION

It is the proposer’s responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department’s DBE program developed pursuant to the regulations. Particular attention is directed to the following:

A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program

(CUCP).

B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor of material or supplies, or as a trucking company.

C. A DBE proposer not proposing as a joint venture with a non-DBE, will be required to document one or a combination of the following:

1. The proposer is a DBE and will meet the goal by performing work with its own forces.

2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers or trucking companies.

3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal.

D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest.

E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work.

F. The proposer shall list only one subconsultant for each portion of work as defined in their proposal and all DBE subconsultants should be listed in the bid/cost proposal list of subconsultants.

G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the DBE participation except that portion of the work to be performed by non-DBE subconsultants.

5. RESOURCES

A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance.

B. Access the CUCP database from the Department of Transportation, Office of Business and Economic Opportunity Web site at:

http://www.dot.ca.gov/hq/bep/.

1. Click on the link in the left menu titled Disadvantaged Business Enterprise;

2. Click on Search for a DBE Firm link;

3. Click on Access to the DBE Query Form located on the first line in the center of the page.

Searches can be performed by one or more criteria. Follow instructions on the screen.

6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT

TOWARDS THE DBE GOAL UNDER THE FOLLOWING CONDITIONS:

A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications.

http://www.dot.ca.gov/hq/bep/

B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section.

C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers’ own distribution equipment shall be, by a long-term lease agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers, brokers, manufacturers’ representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section.

D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services.

Attachment 2 – Proposal format and content Proposals must adhere to the following format:

Provide your firm’s qualifications describing the following:

1) The level and type of services you can provide,

2) Your ability to provide on-call services when requested and meeting the schedules set by CMID

3) Knowledge, experience, and certifications of proposed personnel including specific areas of expertise.

NOTE: Do Not Submit/Provide a Cost Proposal with the RFP. Firms short listed and invited to the oral interview will be asked to provide cost proposals in a sealed envelope. Markups for Other Direct Costs (ODC’s) and Subconsultants are typically not allowed on Federally Funded Projects.

Your proposal should also contain résumés for each staff member as well as your firm’s experience related to our scope of work.

1. Eight (8) copies of the consultant’s qualifications must be submitted to

CMID’s Office at 9700 Goethe Road, Suite D, Sacramento, CA 95827.

2. Submitted qualifications must contain the information as set forth in this section. Failure to include this information or an incomplete response may be a cause for rejection. The proposals will be used to evaluate and select the most qualified firm or firms to provide these services. The consultant contract will be based upon the needs of CMID, and as such, some of the personnel proposed by the consultant may not be used.

3. The main text of the submitted qualifications should be limited to twenty pages (Times Roman 12 Point Font), exclusive of resumes and attachments noted in 4 below, and should include:

A brief history of the firm’s business and organization An explanation of why your firm is best suited to provide construction management and inspection services and why your participation will make Owner projects successful.

The firm’s related experience, qualifications, expertise, experience, areas of specialization, and government contracts. Contract documents may contain provisions for a Disputes Review Board, escrow bid documents, and a geotechnical baseline report; discuss your firm’s/team’s experience related to these contract provisions.

A description of your firm’s recruitment methodology and candidate screening methods.

A list of the personnel proposed for each type of inspection with a history of employment and related experience. Provide a list of any certificates held by personnel assigned to these projects. Describe in appropriate detail the training, qualifications and experience of personnel in providing construction inspection and management services.

Note: Firms are encouraged to utilize local personnel as well as minority and women owned businesses in the solicitation process for any services included in the proposal that it intends to subcontract- See item 9 below

4. Additional information to include as attachments are:

The firm’s Safety Policy.

The firm’s Confined Space Program and Policy.

Project list containing a description of projects construction support services were provided on in the past 5 years (or are being provided

on) with an emphasis placed on projects similar to those listed on CMID’s tentative list of projects, the firm's role in the project (i.e. pre-design, design, construction management, etc.), responsibilities of proposed on-call staff, the dollar amount of the original consultant agreement for CM services, the final cost of CM services, the construction contract bid amount, the final cost of construction, the initial and final construction schedules, and a contact person, including telephone number, of the project owner.

Other related information

5. Conflict of Interest: A statement to the effect that the Bidder will not have a financial interest in any business, property or source of income, which could be financially affected or otherwise conflict in any manner with the performance of services under this request for proposals.

6. Proprietary Information: Any information submitted in a proposal to this RFP which the bidder considered proprietary must be identified as such and include the legal basis for a claim of confidentiality. The County will not assert the confidentiality of such information unless the bidder executes and submits a written agreement prepared by the County to defend and indemnify the County for any liability, costs and expenses incurred in asserting such confidentiality as part of the proposal. The final determination as to whether or not the County will assert the claim of confidentiality on behalf of the bidder is in the sole discretion of the County.

7. Exceptions to Contract Terms and Conditions: A list of any exceptions to contract terms and conditions which the Bidder will seek from the standard County contract language.

8. Subcontractors: A list all subcontractors the Bidder will retain to perform this contract and the scope of each subcontractor’s services.

9. Outreach: If the prime consultant intends to solicit sub-proposals and/or quotes for certain tasks on this project from qualified sub consultants, subcontractors, other service providers and suppliers, the County expects the prime consultant to solicit firms in the local business community for such services and supplies. Any solicitation should be as broad as possible to reasonably provide opportunities to and encourage relationship building with qualified minority and women-owned firms and small and local businesses in the Sacramento community. The prime consultant shall not illegally discriminate in its solicitation process.

Note: Substitution of any sub consultants, subcontractors, other service providers and suppliers identified in the proposal upon which the agreement is based shall not be made without the written consent of the CMID.

10. Insurance: A summary of the Bidder’s present and proposed insurance

(general liability, automobile liability, workers’ compensation, employer’s liability and professional liability) for the duration of the project.

11. Cost Proposal: The cost proposal SHALL NOT BE SUBMITTED WITH CONSULTANTS QUALIFICATIONS. The cost proposal will be used as a basis for negotiation for a professional services agreement with the most qualified firm. Should an agreement not be reached with one of the firms, the next highest ranked firm will be given the opportunity to negotiate an agreement.

The cost proposal (one copy) shall be provided in a separate sealed envelope identified by the name of the firm and “Cost Proposal” once a firm is short listed and invited to an interview. Please see Exhibit 10-H, Example #2 for a Sample Cost Proposal.

Construction management firms are advised that all Construction Management staff providing inspection, surveying, materials testing and source inspection work shall be paid prevailing wages in accordance with the

State of California SB 1999 and Labor Code Chapter 1720 requirements for inspection of public works and must be registered with the Department of Industrial Relations in accordance with SB 854. The prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations (http://www.dir.ca.gov/OPRL/PWD/index.htm ) are on file at the office of the Labor Compliance Program, 9700 Goethe Road, Suite D, Sacramento, California 95827, and are available upon request.

12. “Non-Discrimination Requirements: The signatures affixed to and dated on the consultant proposal shall constitute a certification under penalty of perjury under the laws of the State of California that the proposer has, unless exempted, complied with State and Federal nondiscrimination program requirements (see Americans with Disabilities Act under Section

VIII. MISCELLANEOUS).”

http://www.dir.ca.gov/OPRL/PWD/index.htm

Attachment 3 – County of Sacramento Standard Consulting Agreement

Refer to Sample Contract available in the Open Gov Portal.

Attachment 4 – Written Agreement to Indemnify for Release of Proprietary Information

Refer to language within Sample Contract available in the Open Gov Portal.

Attachment 5 – Frequently Asked Questions

1. Question: Are there specific minority goals?

Answer: Yes, as noted in the RFP

2. Question: Can subcontractors team up with multiple firms?

Answer: Yes. It is possible and acceptable that a subcontractor could be named on more than one firm who is awarded a contract.

3. Question: What types of certifications are required?

Answer: Certifications are required for inspectors that inspect structures for human occupancy (AB 717 requirement). All electrical, mechanical and structural inspectors should be certified. CMID recognizes certifications obtained from ICC.

4. Question: Will consultants be providing training?

Answer: Consultants will be asked to assist in training and professional growth of staff.

5. Question: Will consultants provide staff on a project basis?

Answer: Generally consultants will integrate into and augment existing staff. However depending on workload, volume of projects, and type of project, it is possible that consultants will be asked to provide an entire construction management and inspection team for a specific project.

6. Question: What is the most important element when it comes to working with consultants?

Answer: The ability to provide qualified staff when requested.

7. Question: Based on past contracts what has been the most frustrating?

Answer: Not able to provide qualified staff when requested.

8. Question: Will consultants be required to perform confined space entries requiring self contained breathing apparatus?

Answer: This may be required on an occasional basis

9. Question: Can you provide examples of types of specialty inspection that could be required?

Answer: Examples include but are not limited to:…